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Chapter 5:
Physical
Evidence
© 2013 by Pearson Higher Education, Inc
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Physical Evidence
• Almost anything can be physical evidence.
• The purpose of recognizing physical evidence is so
that it can be collected and analyzed.
• It is difficult to ascertain the weight a given piece of
evidence will have in a case, as ultimately the
weight will be decided by a jury.
© 2013 by Pearson Higher Education, Inc
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Purpose of Examining Physical Evidence
The examination of physical evidence by a
forensic scientist is usually for:
• Identification to determine the physical or
chemical identity of a substance.
• Comparison analysis subjects a suspect
specimen and a standard/reference
specimen to the same tests and
examinations for the ultimate purpose of
determining whether or not they have a
common origin.
© 2013 by Pearson Higher Education, Inc
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Identification
The object of an identification is to determine the
physical or chemical identity with as near absolute
certainty as existing analytical techniques will
permit.
• The process of identification first requires the adoption of
testing procedures that give characteristic results for specific
standard materials.
• Once these test results have been established, they may be
permanently recorded and used repeatedly to prove the
identity of suspect materials.
• Second, identification requires that the number and type of
tests needed to identify a substance be sufficient to exclude all
other substances.
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Common Types of Identification
Examples of what the crime laboratory may be used
to identify:
1. Chemical composition of illicit drugs
2. Gasoline residues from debris of a fire
3. Explosive residues; for example, dynamite, TNT
4. Blood, semen, hair, or wood
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Comparison
A comparative analysis has the important role of
determining whether or not a suspect specimen
and a standard/reference specimen have a
common origin.
Both the standard/reference and the suspect
specimen are subject to the same tests.
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The Forensic Comparison Procedure
The forensic comparison is actually a two-step
procedure:
1. Combinations of select properties are chosen from the
suspect and the standard/reference specimen for comparison.
2. Once the examination has been completed, the forensic
scientist must be prepared to render a conclusion with
respect to the origins.
© 2013 by Pearson Higher Education, Inc
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Role of Probability
• Simply defined, probability is the frequency of
occurrence of an event.
• In flipping a coin, probability is easy to establish.
• With many analytical processes exact probability is
impossible to define.
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Classifying Characteristics
Individual Characteristics
Evidence that can be associated to a common source
with an extremely high degree of probability is said
to possess individual characteristics.
• In all cases, it is not possible to state with
mathematical exactness the probability that the
specimens are of common origin.
• It can only be concluded that this probability is so
high as to defy mathematical calculations or human
comprehension.
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Individual Characteristics
Examples:
• The matching ridge characteristics of two fingerprints
• The comparison of random striation markings on bullets or
tool
marks
• The comparison of irregular and random wear patterns i n tire
or footwear impressions
• The comparison of handwriting characteristics
• The fitting together of the irregular edges of broken objects in
the manner of a jigsaw puzzle
• Matching sequentially made plastic bags by striation marks
running across the bags
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Class Characteristics
Evidence associated only with a group is said to have
class characteristics.
• Surprising to the inexperienced is the frequent
inability of the laboratory to relate physical evidence
to a common origin with a high degree of certainty.
• Evidence is said to possess class characteristics
when it can be associated only with a group and
never with a single source.
• Nevertheless, the high DIVERSITY of class evidence
in our environment makes their comparison very
significant in the context of a criminal investigation.
© 2013 by Pearson Higher Education, Inc
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Class Evidence
Evidence is said to possess class characteristics when
it can be associated only with a group and never
with a single source.
Nevertheless, the high DIVERSITY of class evidence in
our environment makes their comparison very
significant in the context of a criminal investigation.
© 2013 by Pearson Higher Education, Inc
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Value of Class Evidence
• One of the current weaknesses of forensic science
is the inability of the examiner to assign exact or
even approximate probability values to the
comparison of most class physical evidence.
• For example, what is the probability that a nylon
fiber originated from a particular sweater, or that a
paint chip came from a suspect car in a hit and run?
• There are very few statistical data available from
which to derive this information, and in a mass-
produced world, gathering this kind of data is
increasingly elusive.
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Value of Class Evidence
• One of the primary endeavors of forensic scientists
must be to create and update statistical databases
for evaluating the significance of class physical
evidence.
• Most items of physical evidence retrieved at crime
scenes cannot be linked definitively to a single
person or object.
• The value of class physical evidence lies in its ability
to provide corroboration of events with data that are,
as nearly as possible, free of human error and bias.
• Because of its DIVERSITY, the chances are low of
encountering two indistinguishable items of physical
evidence at a crime scene that actually originated
from different sources.
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Value of Class Evidence
• When one is dealing with more than one type of
class evidence, their collective presence may lead
to an extremely high certainty that they originated
from the same source.
• Finally, the contribution of physical evidence is
ultimately determined in the courtroom.
• Just as important, a person may be exonerated or
excluded from suspicion if physical evidence
collected at a crime scene is found to be different
from standard/reference samples collected from
that subject.
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Crossing Over
Crossing over the line from class to individual does
not end the discussions.
• How many striations are necessary to individualize a mark to
a single tool and no other?
• How many color layers individualize a paint chip to a single
car?
• How many ridge characteristics individualize a fingerprint?
• How many handwriting characteristics tie a person to a
signature?
These are all questions that defy simple answers and
are the basis of arguments.
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Natural vs. Evidential Limits
There are practical limits to the properties and
characteristics the forensic scientist can select for
comparison.
• Modern analytical techniques have become so sophisticated
and sensitive that natural variations in objects become
almost infinite.
• Carrying natural variations to the extreme, no two things in
this world are alike in every detail.
• Evidential variations are not the same as natural variations.
• Distinguishing variations of evidential use from natural
variations is not always an easy task.
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Forensic Databases
The Integrated Automated Fingerprint
Identification System (IAFIS) is a national
fingerprint and criminal history system maintained
by the FBI and launched in 1999. It contains
fingerprints for nearly 68 million subjects.
The Combined DNA Index System (CODIS)
enables federal, state, and local crime laboratories
to electronically exchange and compare DNA
profiles. Launched in 1998, it contains 350,000
profiles in its forensic index from unsolved crimes.
© 2013 by Pearson Higher Education, Inc
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Forensic Databases
The National Integrated Ballistics Information
Network (NIBIN) allows firearm analysts to
acquire, digitize, and compare markings made by a
firearm on bullets and cartridge casings. Nearly 1.6
million items have been entered into the database
and 34,000 hits have been recorded.
The International Forensic Automotive Paint
Data Query (PDQ) database contains chemical and
color information pertaining to original automotive
paints. Contains information about 13,000 vehicles.
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Forensic Databases
SICAR (Shoeprint Image Capture and Retrieval)
is a shoeprint database. This product has a
comprehensive shoe sole database (SoleMate®)
which contains more than 22,000 footwear patterns.
A second database, TreadMate®, also has been
created to house tire tread patterns. Currently, it
contains 6,000 records
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Forensic Palynology
Forensic palynology involves the collection and
examination of pollen and spores connected with
crime scenes, illegal activities, or terrorism. The
microscope is the principal tool used in the field of
forensic palynology.
The information gained from the analysis of pollen
and spore evidence has many possible uses. It can
link a suspect or object to the crime scene or the
victim, prove or disprove a suspect’s alibi, include
or exclude suspects, track the previous
whereabouts of some item or suspect, or indicate
the geographical origin of some item.
PowerPoint PresentationPhysical EvidencePurpose of
Examining Physical EvidenceIdentificationCommon Types of
IdentificationComparisonThe Forensic Comparison
ProcedureRole of ProbabilityClassifying
CharacteristicsIndividual CharacteristicsClass
CharacteristicsClass EvidenceValue of Class EvidenceValue of
Class EvidenceValue of Class EvidenceCrossing OverNatural
vs. Evidential LimitsForensic DatabasesSlide 19Slide
20Forensic Palynology
ASIAN POLITICAL THOUGHT
TIMOTHY J. LOMPERIS
Saint Louis University
S cholars of Westem political thought have .not dis-puted the
fact that there is a rich body of political thought in Asia. They
lmve just not bothered to
incorporate it into their corpus. This chapter seeks to pro-
vide long-overdue recognition to this body of thought by
calling attention to the fact that despite its heavy religious
content (until modern times), the encounter with political
ideas in Asia is just as profound as it is in the West. In fact,
since these ideas in Asia are heavily fertilized by their
Western colonial legacy, the West has much to learn about
itself from these Asian borders to the West's material and
intellectual reach.
In this presentation of Asian political thought, what will
emerge is that the such central ideas as democracy,ji-eedom,
and equality were forn1ed in a historical context different
from the West. In the West, these ideas were expressed and
then refined through a prism of small city-states in Greece,
the universal empire of Rome, the subsequent collapse of this
imperium politically but its persistence intellectually in the
Thomist medieval synthesis, the smashing fem1ent (both
intellectually and institutionally) of the Renaissance and the
Reformation, and the birth of the modern nation-state in
the twin crucibles of the Thirty Years' War (1618-1648) and
the French Revolution (1789-1795).
In Asia, these same ideas have been definitionally fil -
tered through a different historical stage in a play of three
acts. The first act is the traditional or classical era before
the Westem contact. We will see what from this period
endures as a mark today of"Asianness." The second act is
560
a scrutiny of the trauma of the colonial expericm:e. l Ji.,c
vast majority of Asian societies, either directly or mth,
rectly, came under Western eolonial eonlrol ur unikJ
spheres of Western influence. Ilow to react to thi:. in1m.:,;,11n1
precipitated a major ctisis but also resulted in a rid1 1md,
lectuaI fennent that produced the first articulu!il ,,i,. ,•I•
Asia's nationalisms. The third act is the modern t'-Cn<"'I
from the end of World War II to the present, when Asi,l ,,.,,,,.
set free on its own independent course. This has raised the
question, Whither modern Asia? Is Asia no dilforcnl lh•.m
a common globalizing world, or docs something llbtut.:,
tively Asian remain about its political thought'!
In these three acts, we will examine Asian conct.•p!s tiflhc
state and of statecraft, as well as or military grand s1m1cg1e:"'
and views on social equity and gender as they relate Ill th1..""'
three concepts. The focus will be on India um! Chinn
because these two ancient polities form the foundalillm1l p1J,
lam of Asia. Japan will also be given considerable atlcntiun.
along with some references to Korea. Southeast Asia will be
considered not so much as individual countries but us a
region tl1at has always been a tempestuous battleground
between Indian and Chinese ideas and institutions.
Theoretical Approach
Insofar as the political thought of Asia crune to the atten~
tion of Western political theorists, it tended to be painted.in
the broad brushes of overgeneralization. Karl Marx, In
outlining the global stages to his class struggle, wrote ol' an
"Asiatic mode of production" (quoted in Tucker, 1972,
p. 5), which he chanu.:terizcd as a labtir-inlcnsivc agricul-
tural society. Writing in this tradition, Karl Wlltfogcl
(1957) spelled this out as a form of "Oriental despotism"
ari::dng from the need to secure the necessary c()rvcc lnbor
to support the rice culture of what he termed "hydrau I ie soci -
ety." Taking a more cultural perspective, F. 8. ( •. Nm1hrnp
(l 946) distinguished Asia as having a more aesthetic
weltanschuuung than the scientific West. Ruther than the
clear subject object divide in the West, Asia, Northrop
contended, charted rculity along a mme l'lisctl aesllwtk
continuum, thereby creating different logics aml perel!p·
tions about the world.
More recuntly, such politit.:al scientists .is Lucian Pye
(1985) nml Duniel Bell (2000) have rl!nmrked on thu <lit:.
fcrent conceptions Asians bring to politics. To both, these
differencus require dcmocruey, in pnrticu lur. ltl undergo
considemble modiliculion for uny sm:ccssful transplanta-
tion to Asia. For Pye, the dwnges will have to allow for
a more dependent and paternal understunding (and accep-
tance) of pnwer. And ftir Bell, for Asia to be 1:0111fortable
with dcmocmcy, democracy will have tll give a special
place to knowledge over and above mere de111ucmtk
egalitarianism.
This is because idem; of <lcniocrncy, lh.:cdt1111, and
equality have developed llUt 01'11 historical context dillcr -
ent frnm the West':-. This conh:xt has led to cnndusions nn
the grnunding or these idl!as that are also ditforcnt from the
conclusions or the West. Put simply. We!itcrn pulitkal
thought is grounded in the individual as Liu: hash.: unit nf
politics, and in equality, in stm1c liirm, as the al·t·cptcd
basis for human relations ,md pnlitiL'al ruk. In the Asian
context, political thtiu~ht came lo h1: tn1t11Hk•d in the
group, not the individual. and in hicmn:hy. nut cqual1ty. As
shall be dear from the dL1scrir1tio11 ol' thi.: Ctlltcxt nr thn:L·
historical nets. the contact or the idem; ot' dcnwL·mcy. fret.··
dom, and equality with Asia calls liir some rcformulatiun.
In line, thi:; elrnpter explains that in 1assing these ll1rcL~
ideas lhrnugh an Asian histurical t:ncmmtcr. rnlL' L',111 ant n•
at l'icbl.!1 nmlticulturnl dcliliitions of sul'h scl'n1111~ly
11111-
versal political ideas.
Classical Asia
Asia has provided an arena for all the wnrld's value sys-
tems. Hinduism is the oldest. Its earliest forms wcrc
similar to the religion and idt:us or the ancient tircck:i.
Perhaps the Indo-Aryan invaders llf the lndiun subcun-
ti nent effaced the smne Triple Cfoddess m errun by
Jason and his Greek Argon11uts in the Black Seu city of
Colchis. In any case. Hinduism emerged in the first mil·
Jenni um BCE as 11 religion and political culture of conquest.
Buddhism amse later as a sort of L.utl1eran relbnnation to
Hinduism. ll held distinctly gentler political ideas. This
gentler failh, however, was literally obliterated by Muslim
Asian Political Tlumgllt • 561
invasions inlo the subcontinent that began in the 8th cen-
tury CE. (Buddhism went on lo thrive in China, Japan,
Korea, and Southeast Asia.) These new invaders oscil -
lated between two upproaches in !heir new dominions.
One was lo extenninule opposition and fon:c Islam by the
sword. The other wai; to cooperate with local power
groups and rule by accommodation. As it spread to
Southensl Asia, Islam became more modcrule and diffuse
in its ideas uml practices.
In ( 'hina around the 6th century llCE, Confucianism
devdopcd its own order among society, nature, and the
cosmos. This onlcring ririnciple, ul' the dual forces of yin
and ynng, was nn early portrait or u hisloricul dialectic sim-
ilar to that in the writings or I leraclitus, l Jegcl, und Marx.
Whill! ( 'onl'udanism prnpoundcd a rigidly hiernrchicul
sociopnlitkal order, the "turning or the wheel" from
I h1ddhism .ind the "rt.:version or the Dao" from Daoism
i1HrmluL:ed the idea or redprndty. Mencius politicized the
mlc or the emperor by entrusting him with the Mm1datc of
I leaven, but in tying this mandate lo rcciprodty, Mencius
also gave the pt.!nplc lhe right of revolution. Daoism aducd
the 111ystic:il and th! mugical to this mix. For all its order,
this ancient C 'hine:-.c system g.iw hirth lo II rom:111cc or
prntcst, with sage-knights :11.:ting as Robin I lomls. These
liilk hemes later inspired modern revolutionaries such ns
Man Zi..•dung ( Sehwarl/, I t>H5).
In this Asim1 tlranm. us in Europe. !here has been a grad-
ual gnmch ll( sl!cularism. But motkrn seculari:m1 has
lll'l.'I' been ,umplctcly succcssfiil in lndiu, and religion has
never d11:d III C 'hi1111. ln India, religion rl!prcsc11ts ll com-
pktL' ,alue system. This llca:ily religious value system,
hmn.' er. did nut predutk lengthy and systl!mmic trcal-
1111.•111 or p111iti17;d qucsti1111s. Tiu: cpk M11//ahh,m11a
eon-
1.1111, lung 11nhtiL'al t!ssa;·s 1111 st,ltl.'cra Ii, kingship. and
n11 ll1,1ry sllalcg~. One .mdcnt text. Kautilya 's :lrtlwshustm.
mtrndun::, all Mm:hiavdli's i,kas ;ibmu puliticul sur,,ivtd
nH11~· th,111 a lhm1sand yl!:11s carlii:r than The flrifl<'<'
cBasham. I ll~<lJ. < 'hma ,lc111t111stratcd a 1111)rc rnhust
tradi-
111111 111' sc·ularism, partly bc,·imsc tinnu:ianism never
r,•ally addn:s~cd the ,111est11m ti!' ( iud. Buddhism lilied this
~.:ap 1111: I i:}lahsrs a11cmptl.'d t11 plan' law as a hight'r
prin-
dpk of stil'.1al urdcnllJ! than cosntiL' rhytluns uf yin and
yan~i Bui d;,n;1stic mkrs prd~m:d the mnhiguitics or the
,:m,rnus to th1: l'.i1ncrch: l'Ullstraints ur the law. ln C 'hina,
11111, as tn ;111 Asia, r1.•ligion stayed on lop, li1: -i11g
society
am.I pulitks tu thL' sum:lity. sam:tiuns. und politicul pmtcc-
lltHI ur the ~.mb ( Schw.ir11. I tJX5 ).
Mme than 1m lop. lhc Y.um1111 cl.Ill in .htpan proclaimed
thl'llh,dH:s to he g.utls. In their :-;uccc:;s, they lmvc provided
Jupan with the lungcst single line nfldngs in world history
irnd 11 scnsL~ uf natkmalis111 and ethnic ic.lt::ntity thut runs
very dccf1. Although "divinely" rnled, the Japanese never
!MIW themselves us holding lhc gntewuy ttl heaven. They
were. then, nut averse tCl btim1wing, and they k1oked to
C'onfuchmism and Buddhism to order their slate and mean•
ing system. lronfo:nlly, integn1ting this borrowing into
indigenuus Shinto belie£.. became men's work. The further
562 • POLITICAL THOUGHT
development of Japanese culture-its novels, ceremonies,
and haiku poetry-was left to the creative talents of
women. Although gods reigned, warriors m led and warred
in Japan. A strong knightly code of Bushido steeled the rul-
ing samurai class in the political culture of the warrior-
ruler-knights (Yuzan, 1941).
Meanwhile, great kingdoms arose in Southeast Asia,
mostly on borrowed Hindu ideas transmitted by Theravada
Buddhism from Sri Lanka (Ceylon). There was the
Kingdom ofTen Thousand Elephants in Laos, Borobuddur
and Bali in Indonesia, and the Khmer empire in Cambodia.
The latter's capitol, Angkor Wat, is still the largest reli -
gious building complex ever built. Political ideas and insti -
tutions in this porous, vulnerable region were mostly
Indian (the Chinese influences in Vietnam were the notable
exception), but the societies of much of Southeast Asia
were ethnically Malay and were held together mainly by
their customa1y adat, or customs. These customs set up
three social classes (a ruling aristocracy, free land holders,
and slaves) bound together in a network of mutual obliga-
tions and responsibilities. In this adat, property and author -
ity could be held and inherited just as easily by women as
by men. When the Muslims came to Southeast Asia in the
13th and 14th centuries, they had about run out their polit-
ical tether and lacked the vehemence that they displayed in
India. They superimposed the veneer of their sultanates
on Malaya and Indonesia but were content to have the
sultanates upheld by Hindu and Buddhist political princi -
ples and by tl1e Malay social adat (Tambiah, 1976).
In classical Asia, then, politics were decidedly authori -
tarian, and more specifically tegal, rather than democratic.
In India, nevertheless, besides just guaranteeing order, or
danda, kings were obliged to promote the welfare of the
people. In China, this promotion extended to the principle
of reciprocity and even to tl1e right of the people to rebel.
Nevertheless, freedom in classical Asia was more of a reli -
gious goal than a political right: freedom from the cycle of
rebirths in India and in the cultivation of an inner peace of
the soul in China. Thus, in both societies, freedom was a
private preserve separate from the crush of public (com-
munal, religious, and political) responsibilities and duties.
ln these feudal systems of Asia, these responsibilities were
mainly to hierarchically ordered groups. Equality, then,
was a relative value and was tied to the status and position
of one's group compared with others. Any equivalence to
modem Western ideas of equality could be procured only
within one's group (and primarily for one's family), not
outside it.
Colonial Asia
The conquests of Western imperialism shattered this order.
Most of Asia was directly colonized. Even those who
escaped direct rule--like the Japanese, Koreans, Chinese,
and Thai-were still pulled into an international political
and economic system dominated by Western imperial
powers. Because Asian polities had unbroken insliluti<mal
histories for two millennia (in some cases), punclmllcd hy
their own moments of glory, the question ol' how to h<1th
accommodate and account for this Western imposi1inn
and superiority provoked deep soul-scan:hing among
Asians.
Nowhere was this more deeply felt than in India, which
became the crown jewel of the British Empire ur 50
colonies worldwide. Some Indians embraced Western civ·
ilization. The British Viceroy, Lord Thomas Macuulay,
was pa1tial1y successful in creating "a class of pen.tin!>,
Indian in blood and colour, but English in taste, in opinion.
in morals, and in intellect" (Spear, 1961, p. 257). L,ucr.
these scions were called "Brown Sahibs." In lllrtl1emncc uf
this strategy, the British invested in a modern u11ivcr:s1ly
system for India. A proud accompl ishmenl or tit is sysl~m
was the Nobel Prize for Literature in I 9 l3 won hy the
Bengali intellectual Rubindranath Tagore, writing in the
King's English (Metcalf~ 200 l ).
Following in the wake of the British nti were legions l!f
Christian missionaries who preached their "good news" nnrd
practiced their social gospel with institutions tif Slll.'.utl
reform. Beyond a nationwide network of sclmols, !he) :-11.*l
up hospitals, orphanages, homes for widows, lcpru:owm·
ums, demonstration farms for peasant laborers, and s<l('1;1I
services for outcasts. Many Hindus, nlthough leery tif Ill<
"good news," eagerly took up this cause or social rcfnrm
and, in the Bmhmo Samaj of the 19th century. launched
their own social gospel of reform or some or the ills ,md
neglects of Hinduism. Muslims displayed a split rc.ic1nin
to the Empire. Since they were lndia's previous ruler,..,
some resisted, and they went down to defeat in the Mulm~
of 1857. Others, such as Sir Sayccc.l Ahmntl Khan. anii.:u,
lated a path of accommodation with the British, insisun~
that Islam had no objections to at least the polith!ul culturlZ
of the West. Indeed, as a monotheistic "religion ur thi:
Book," Islam was the more naturnl ally of this culture th;m
was polytheistic Hinduism. Still othern were nol so ~ur~
of either the Hindus or the British {Pye, 19K5). It ~;1,
Mohammed Iqbal--poet, theologian, aml political thcmbt
who gave eloquent voice to a separate destiny !hr Mm,hm~
in the subcontinent (Malik, 1971 ).
Although never a directly ruled colony, the reacliun m
China was equally intense. Tiananmen Square in Bcijini
was an architectural declaration that it wus the gateway h1
Heaven. British gunboats brought a string of military
humiliations that shattered this gateway. A man who
dreamed that he was the younger brother of Jesus Chri~t
proclaimed a new portal and led the biwrre Taipinl:l,
Rebellion of the 1850s and 1860s. The movement also
preached equality for women and, at first, democracy. In
its suppression, it might have been dismissed as one of
those oddities of history, were it not for tho subsequent
influence the rebellion had on Mao Zedong and other rev-
olutionary modernizers (Ogden, 2002).
Meanwhile, the Qing Dynasty, Chinn 's last, made
earnest attempts at rcthnn. Western education replaced
classical texts for imperial civil service examinations.
Principles of constitutional democracy and parliamentary
elections were introdul!cd, as were modern railroads, mili~
tary academies, and financial institutionH. ln 1911, the
mixture of protest and reform exploded into a nationalist
revolution and a nearly 40-ycar interregnum of ehaos.
Intellectually, the boiling cuuldron of this ferment was
known ns the Muy Fourth Movement. In I.he lrnmilintion of
the demands of the upstart .lapuncse for the Shamlong
Peninsula al the Peace Conlcrcncc at Vcrsail lcs in May
1919, Chinese intellectuals dcspcralcly cast about for :1
prescription for modern power: in the prnginalism and lib-
eralism of John Dewey and the United States, in the mi li-
tarism from Germany und Japan, in language rel'nrm and
mass education, in physical culture and the cmtmdpalion
of women, in the assassirrntions und eomnurncs ol' mwr-
chism, and even in the communism of Karl Marx and the
Bolshevism or Russia (Zhou, I %0).
Then: was ferment in Southeast Asia as wdl. Pemmnts,
in a series of protests a Iler World Wnl' I. decried the col -
lapse of 11 trnditional social and political order guaranteed
by a royalty and l'cudal rctuincrs lhut used to sali!guard
their livelihoods and provide a sense of place anti security
by the Mandate ol' lh:avcn (in Vietnam), tile will tif Alluh
(in Malaya and lndoncsiu), the mandalu pallcm t1f pnlitks
and international relations ( in Thailand und Camhmlia ),
and u transl'ernl or mcril from Buddha (in Burma anti
Laos). Arter an initial. if reluctunt, uccommodatiun with
Western power and political institutions, these peasants
and emerging intcllcctuuls searched for thdr own h:rms nf
modern survival. The Cao Dai sect in Vietnam, whkh wnr-
shippcd nn all-seeing cosmic eye as interpreted hy Vklor
Hugo, Jesus Christ, Confucius, l.no Till, and foan uf An:.
il!ustrntcd this perplexity. The mood of rcsil,!nation lo thl'sc
confusing, but powerllil, outside forces was captmcd h~
the popult11· J tJth-century cpk pnl"m in Vietnam. K.mr nm
Kie11. This poem was a creative remake of :rn oltl ( 'him:sc
stmy nf n liliu I daughter who slays lrnc !ti her 1mtk:scn inµ
folhcr in a lire of untold sulforing but stcmlfosl ticvnlmn.
These r,casant protests, then. grew out ol' lh1:-.tr;itinns 1i 1.•r
their dcvoli(lll lo u traditional structure that could no lunger
i;ccnre this order ( Kershaw, 200 I),
In Japan in IX53. the conuncrciid viiiit or the ll.S,
naval communder ( 'ommodurc Matthew Purry found the
Japanese nt a moment in their history when they were
ready for an opening frorn the outsil.le. Their mature lcu-
dal order had reached a point of stugnutitm. A knightly
class of samurai undergirded an aristocracy that hdli the
emperor ho::.tage, even a:. this monarchy as an insliluticm
provided continuity, identity, and n sense of co::.mic pluce
for all Japanese. In the name or restoring the emperor to
real power (somwjoi), aristCJcratic modernizers overthrew
this samurai-dominated regime in what was called 1he
Meiji Restoration. The Meiji Constitution established a
Asian Political Thm1gltt • 563
liberal parliamentary system in the name of the c11111cror.
But for all this constilutiomdism, the fapancse actually
modcrnizcc.l through a military path of war with China
lirsl ( 1895) uml then Russia ( 1905; Gluck, 1985 ). Along
with these impressive manilestations of modem power,
the continued hold of samumi vnlucs, for all this Mcij i
"liberalism," wus nurtured by the.: education of all
Japuncse school children in rne Stm:v <!l tlw 47 Ronin, in
which linal loyalty was still given to extreme profossinns
of honor, in the nmnc of the cmpcrur. It was u path that
tumbled Japan into World Wur [I, its grculcst national
disaster (Bcncdict, 1946).
The fonnent touched off by European imperialism in
Asia was uot exclusively one wny. Eumpcans who had
prolonged coutad with Asian srn.:ictics were ol'tcn sur-
prised at what they saw. Despite their political wcuknusscs,
thc:;c sm:ictics revealed sophisticated and well-articulated
cultures. A lwst or scholars called "Oricnlnl ists," muny of
whom had served us colonial mlministrutors, begun to
trm1sl:rte hack for Eumpcun m1dicnces the ''pearls of the
Orient": thc philnsophk Upam):lwcls und the twin epics,
lite Me1lwhlwratll und the Ramaymw. from India, and tl1c
Analects 11( C1111/iwiu.~ nnd the J.>cw d<• Jing of Luo Dzc
( Lao Tzu) from C'hinn. Thc 111,ist mnbiti11us ,1 l' these rro-
jccts wai; thl.' I 11lh-ccntury "Ooldcn Bough" i,;crics of trans-
lations into Fnµlisl1. sponsm·cd by I lnrvard University, of
nwsl of' Asi,1 's linesl truditional work$. Thb impact, hnw -
evcr, was nmrc llum just inlhrmntivc. tdcas Ihm, these
trnnslatinns wor'ked their way into the transl:cntlcntulism
of the New Fn~land liM·ati (particularly on Ralph Waldo
Fmcrsun  "m,crsntil"), us well us into lhc philosophic
syst~·ms o!' Martin l lcidcggcr and Fl'icdrich Nictzscl1c
and cwn into the 1111vcl:,; of' I krman flcssc, among others
tUarkc, PN7J.
l ln/<Htunatcly, some uf this nunantic "llricntulism"
tumi.nl p·ncrsc. ln thi:-. disc1wcry ,11'thc deep 1.:ulll1ral
ronls
,11' Asta. so1111.: Wcstcm sdmlars. partirnl.irly Uennau,
bt:g.111 h1 s1.•c llwmsclvl.'s ,ls dc!>ccndants or an elite lndo-
Ary,111 hru1h1:rhoud thal 1.•xtcmlcd from lhl.' Indus River hi
tht• Rhme ( M ulkr, It) 19 t ( icnnan natitmal sncinlism sub-
scqmmtly appr,1priatcll th!.' andeut I lrndu symhnl li.1r uni-
versal hrnthcrhnnd ns the i:cntcrptcL·e lo iii; !lag, !he
s,~ astil-.a
At lirst lfollcrcd by this ,11tcnlio11, mrnlcrn Asi,1n inkl -
kduals for their part hi.'.gun to resist this drnrnctcrizutiun
of a si:p.iwtc t1ric111albm us 1ant:111m11nt to u
i.:ivilizutimrnl
dismiss,11 similar tn the "sep,1rntc but cquul" kg:il <lm:trine
in the t Jnitcd States lhut scrvcll In perpchmlc racinl dis-
crimination. Whether intdlcdual trnditions prnduuc cul-
turally distinct idem, nr whether universal ideas fhrm uml
recllmbinc tlu~mselvcs 11rnuml different inlellectual tnu.Ji -
tions is II pervasive isi.ue of cpisternolt1gy. For the !ltudy of
political though! in Ash1, however, the unfortunate effect
of c,ricn1ali:.m has been to dismiss pol itic11I Lhllughl in Asia
as being lou cfosely Lied to religious constructiuns to be
worthy of secular analytical scrutiny.
564 • POLITICAL THOUGHT
Modern Asia
World War II (1939-1945) brought disaster to Europe.
Even in victory, the power of Britain and France collapsed,
and, with that collapse, their empires unraveled and their
hold over Asia ended. In independence, not always easily
gained, Asia was now free to find itself and define politics
in ways authentic to a free Asia and to the particular set of
traditional legacies and aspirations of each of its societies.
In this mix of the traditional and the colonial, what set of
political ideas and institutions would serve independent
Asian nations still having to fend for themselves in an
international system of Western creation and continued
dominance? In Asia's postwar trajecto1y of growing eco-
nomic prosperity and rising global political influence,
answers to this question have produced rich and innovative
contributions to the ongoing development of political
thought per se.
After World War II, all of Asia wanted to regain what
Asian counh·ies saw as their lost importance in the world.
Jawaharlal Nehru, the first prime minister of India,
expressed these hopes for all Asians when, in his exultant
Independence Day speech on August 15, 194 7, he
declared, "Long years ago, we made a tryst with destiny,
and now the time comes when we shall redeem our
pledge" (cited in Hardgrave & Kochanek, 2000, p. 53).
Colonialism, he argued, had drained the wealth and ener-
gies of Asia, and now it would just flow back (Nehm,
1959). Although it certainly did not flow back right away,
in the opening years of the 21st centu1y, this tryst with a
recaptured Asian global importance seems well within
reach.
The Indian subcontinent, however, has been plagued by
serious differences both as to how to attain an independent
India and as to what it would look like. The towering fig-
ures in this agony were Nehru and Mahatma Gandhi.
Gandhi was the moral father of modem India. After travel-
ing around India for 4 years after his return from South
Africa at the age of 41 in 1915, Gandhi discovered his
three themes of poverty, unity, and indepe11dence. As he
made the continuation of British rule untenable, he won-ied
about an India "in pursuit of Lakshmi" (wealth), freed
from the moderating restraints of religion. Thus, even as he
dete1mined to entrust the future course of India to Nehru,
he was troubled by the younger man's Hamlet-like agnos-
ticism (Gandhi, 1957),
Nehru epitomized Macaulay's "Brown Sahib," and
Nehru's highly cerebral autobiography, The Discovery of
India (1946/1959), was really an m1iculation of his own
divided soul. His professed admiration for the ancient
Hindu scriptures and epics was profoundly philosophical
and somewhat idealized. He prefen·ed to highlight the
moments of unity and power and gloss over the divisions
and wars oflndia's past. He could not bring himself to take
this philosophical appreciation to a spiritual awakening.
For Nehru, the influences of a secular English liberalism
were too strong for this. To him, the best (ll' India lay in ii,
moments of unity around a clwkravarti11, or unh·cr::;.;tj
emperor, such as Ashoka, Harsha, or Akbar. lkcatbC or
India's deep religious and social divides, Nchm felt that
this unity could come, in modern times, only under a ~c,
ular India united by Western principles of lihcrnl <lcmoc~
racy. The Congress Party was rounded with this as its cor~
credo. Unfortunately, Nehru dulled his ccom1mks h~
embracing the socialism of the British Fuhi:ms 11nd lh~
Russian Bolsheviks (he expressed a continual admimtii1ri
for the accomplishments of the 5-year pluns of the Smil.'!t
Union). Under Nehru's lcadcrshi11 as prime 1m1w,ter
(l 947-1964), Lakshmi, the goddess or wt:ullh, rcmainql
aloof (Nehru, 1946/1959).
Although Gandhi and Nehru were the gi,mh, ,•1111:r
voices arose in the subcontinent. lronknlly cm111f.!h.
Mohammed Ali Jinnah, the father or mmh:rn P.iJ..1,tiln.
shared Nehru's secularism cwn as he insislcd utt .1 ""r-t-
rate Muslim state. 01hers in Pakistan ct1llcd for thi., ,1a1c !11
be subservient lo the Jslmnh: Shari'a. This tlni~Ml h;t~
brought the country to the brink of im11lnsiu11 o',;:f the
never-healing sore ol' Kashmir and the recent rc.:rhtr.1.
tions of Islamic radicalism lhm1 Al'glmnishm ,md d•.:.
where in the Muslim wmld. There huvc 1-»!cll ~t,nl
voices in Hinduism a.s well. The terrorism c"~m,<J
B. K. Tilak heforc World Wur I and the foi.l.'.bm ul :,iubt,Jt,
Chandra Bose in World War II round exprc,,u,n 111
Hindu commtmalism or !-;anlar Vullahhhlmi fl,itd, S<ltni
co-prime minister in tht: lirst 2 yc.ir.. ol' imkf"Cltt!,;rt;,;,t
Patel died of u heaii attack, but these :-;c·cral d1 MH"
~,~i1~.h
collected into the I lindu nationalism or Mr .. l .  :tlur,,i
the Bharaliyu Janata Prniy, whkh is now a crn:,10,1! 11,~,i,,,i,
•• r
rival to the secular Congn.:ss Party, J ndia :md l',1!..1~tu1
confront each other us nuclear powl.'r,. ;m~I ,a,1,,>f-h,;r.
chnkrnvartin, in this lcnxe sube~intinent. b n,• h~~.: i:i
(Mehta, 1996).
ln China. the lirst coherent voit:I..' tu nrlt:'11t1t· ..;i
modernization out or the swirling slt;1ml, nl
Fourth Movcnicnl was Sun Y,ll·scn, ht1 ,hl1.,i,,,.l1c~£ 1
min cl111yi (thrnc people's prindplci.l tit' l"'-'''l'k',.
hoot!, people's rule, aml pcopk:'s na1i111rnli"m lh.:
to uphold China's traditional Mandatc ul' lk.1'l'.!I lt,i:
was translated into rural lil'c as "lm1d tu the U!lt·11"
1,H:~0;r:..:
that the communists later tried to cull their 1m nl t
second principle, tkmocrm;y, Sun culkd l!if ;1
to constitutional democracy in ('hinu th1,•uih 1IM:i,i
stages of tutelage. In pructic<!, Sun's p-ohtn;;:il
Gumnindang, could not pull it utl It hin.::b'l;d
between the Christian sucial gospel of the Nt'iil
Movement and an Italian-like fascism or Bill(;' ShtJ1
pline, all the while continuing in a reluclJUlOI: •~
power. Even as Sun's ideology tailed in ChtnL rl
the basis for the subsequent ecunomic mime:le <m
It also desctibes the long path taken by South
economic prosperity and a lagged followint4, of
perity to full democracy (Wells, 200 I),
r
I
Another failure was the Hu Shih liberals, who
embraced linguistic reform and lJ.S."style demrn.:rac y. This
faction was discredited by President Woodrow Wilson's
treachery at the Treaty of Versailles (in acquiescing to
granting the Concession of lhe Slrnndong Peninsula lo
Japan, mther than his public promise that it would he
returned to China), even us it went on to discredit itself
domestically by joining with the left-wing branch of the
Guomindang in the strategic historical error of siding with
the Japanese in their puppet stnlc of Manchukuo.
The communists were the ultimate victors in holh the
civil war with the Guomindang um] in the articulation of
modern China. Although the form or government came
straight from Lenin, Mm1 Zedong; frirmulaled u 110vel strat-
egy of revolution-e•people's war an<l introdw.:ed :;cveral
innovative political projects and organizations, most or
them disastrous. It was Deng Xiao Ping. the architect ol"
China's unprccl.!denled current economic gmwth, who
reintroduced to China a pragmatism worthy or both
Machiavelli and Adam Smith. This was reflected in his
legendary question about the importance of the color oflhe
cal as long as it could cutch mice. The credit !hr this prag-
matism, however, lay in the Four Modernizations of
Deng's earlier protector, Zhou Enlai, who quietly made a
career of fixing many of the excesses or Mao ·s zeal. It was
an uneasy Gandhi-Nehru-like relationship. and China st!I'..
fored for it- -but might have suffered more without it
(Goldman, 1994).
The truly novel definition or modernity in Asia came
from Japan. Utterly dcl'catcd in World War 11 and under
foreign occupation afterwurds { l 945 1952) fnr the lirst
lime in its history, Japan, in Article IX or its new constitu-
tion, outlawed war as an instn11nent ur li.ireign policy and
forbade the country to have a11ything hut a minimal "Sdr-
Defensc Force" as a militury institution. ls a sovereign
state, in what was called the Yoshida Dm:trine, Japan
placed its security in the hands of the llnitcd States and
dedicated its own energies exclusively toward Cl'Olllllllil.'
prosperity. Si nee then, in tile era alkr the ,.:old war, scwral
intcllcctuul and political voices have gmwn rcstin.' umler
this nrrungement. One popular political writer. a limnl.'r
mayor of Tokyo, titled his recent hook • .lust ,'11y .'11 lo
the United States. Others question the concept orrmtional·
ity us an unwekomc Western transplant even us they mlil··
ulate a distinctive identity and place for Japan (Sakai, de
Bary, & Toshio, 2005 ).
Southeast Asia has continued to lament its strategic
weakness. For nearly all Southeast Asian natkms. modem·
ization has been :iccompanied by ou!bursls o!' imlig.cnous
violence. It was convulsive in Indonesia in I 965 und again
in 1998-1999. Burma, Thailand, Philippim:s, Mu layu,
Vietnam, Cambodia, an<l Laos ull were wracked by immr-
gencies. Except for Malaya, the United States intervened
in all ofthem, massively so in Vietnam. In these struggle:;,
each country sought lo define its own modem national
identity in attempts to fashion integnitive polities that
Asf1111 P<Jlititx,l Tlwug!,t • 565
coul<l overeome the separatist groups and ideologies fuel -
ing lhc insurgencies. With most of these convulsions over
by the start of the new millennium (2000 ), these countries
have now endeavored to integrnte regionally. Their organi-
zation, the Association of Soulh!.!ast Asian Nations, repre-
sents an interesting institutional countcrpt1ise in intcniational
!'elations lo the more developed European Union.
Conclusion: Cultural
Grounding of Concepts
This considcmtion of the politicnl thought of Asia as it has
responded to the three contextual challenges of the classi -
cal. colnuial, and nrndcrn pcriods brings us to the question
or an Asian distinctiveness regarding nwdcrn Asian con-
ccplinns nl' denwcracy and its emnpaninn ideas of li·ccdom
and equality. illlmugh the constitutions ol' many Asian
slates, those ol' l11diu and Jap:m in particular, hear the
imprint of Western ideas and institutions, lite sources or
these idem; emerge from dillbrent cultures and hi:,;torical
cxpcriern.:cs. Asian ones. tt rnol, although there is nothing
in Asian experience or culture to preclude democracy
itself: what may require ~lill'crcnl institutional expression
of rhis 1irim:iple is the fundnmcntal di ffercncc hclwcen
Asitt and the West over the balance between the individual
uml !he family. In ull Asian countries. fornily anti its tics to
the stnh.• and its loyalties come before the freedom lo churl
individual destinies. In the West, on the other hand, indi -
viduals arc cm.:ourngcd to cut loose from family tics lo
frcdy chart their individual fi.irlm11.:s with mi inequalities in
status dtlwr wilhin the thrnily or in the larger sncicly (nl
11.:ast in tlwnry l. This di ffcrcnl hahml'C calls for a dillcn:nt
ddinitiunal rl•l:11innship uf freedom an,I etJuulity tn
dclllol·ral·y. Nt1 rnic hus made this dislinctilln more clear
titan I.cc Kw.in Yew, the former prillll' minister of
Sinµaplln.'. wlw hils insisted that dcnu11:racy in Asia must
still hi.' ~11h111dinah.· to fomily tlisl·iplinc and lhcrcliirc
lllalk no apnloµics for authori1inµ the: p11blk caning or
Western ;alnlcst:cnts for vandalism in the streets nfhis city
(lkll. ~(J(l(I)
J fcnt:l'. to dtsrnss dcmrn:r.11:y 111 Asia. Wl' need to bring
utl11:r words aml Clllll'Cpls inl11 play. Jh:ally, dl·moerncy in
Asia should he .i:l in a disl'Ussilln of :-.talcnafl and politi·
cal authority. llu:st: bsucs. in Asia, were fticuscd on creat-
ing order a11d preserving sol.'ial hiL·1-.irchy. altlmugh nil
Asian polith:al li;ts!crns rccu1,1ni1cd that statccrun and
political authority were he~! scrn:d hy reciprocity and the
legitinmting nf 1hcir uctions in ways that earni!d public
supr,ori. untl uppmval. There ,m..' cuntcxtuul gmunds, then,
for th.:mocniL:y in A:.iu, but not on the sumc cguli!uriun
friundations us in the Wt:st. Pye ( l lJX:'i). for example, tulks
nt'dcmocracy in Asia us best urising out of u hishirical con-
tcx;l of paternal authority and what he culls 11 politics <f
de/H!lltlt•m·,•. Hell (2000) has pmposed an Asian bicameral
legislature, willl one house bused cm popular egnlilarian
566 • POLITICAL THOUGHT
representation and the other on knowledge, a "House of
Scholars." Parenthetically, this notion brings us around the
intellectual circle to Plato's insistence on ultimate rule by
philosopher-kings (Lomperis, 1984).
Similarly, the Westem centerpiece, freedom, needs to
be recast in Asia as well Rather than all the human rights
guaranteed to individuals in the West through a constitu-
tional Bill of Rights and the like, freedom in Asia has been
differently defined in at least three ways. First, in Asia,
freedom is more of a group concept than an individual
one. Indians could pursue swanlj (self-rule) against the
British, but to its greatest champion, Gandhi, for indi-
viduals swaraj meant more communal responsibilities to
autonomous little communities (ashrams), not more indi-
vidual human rights.
Thus, second, freedom for the individual boils down to
relative degrees of autonomy from the multilayered oblig-
ations of these all-encompassing social structures. The
overarching value here is responsibility. Freedom is the
leftover. Daoist knights-errant and Hindu kshatriya war-
riors had the freedom of battle and of strategy, but only
within the parameters of their larger duties to the Heavenly
Mandate in China and the cosmic dharma (duties) of their
souls in India. In the Indian epic Mahabharata, the hero
Arjuna was not allowed the freedom to be a pacifist and
opt out of the cosmic baitle at Kurekshetra because the
duty of his kshatriya caste compelled his martial service to
uphold order. For women, duties were equally stark. In
China, the vittues of high-class women were secured by
footbinding. High-caste widows in ancient India had the
"freedom" of avoiding the dejected status of widowhood
or humiliating pollution of remarriage by committing
suttce (self-immolation on a funeral pyre).
Third, the fullest expression of freedom in Asia is reli -
gious. In China, Buddhism offered release, or nirvana,
from the world and its politics. Daoism cultivated a free-
dom of the soul within the external responsibilities and
rituals of Confucianism. And in India, the householder
(the responsible citizen, in Western pal'!ance) could hon-
orably flee to the forests, after discharging his many
social and political duties, and seek moksha, the release
that comes from enlightenment. Until the insertion of
Western politics and ideas, freedom, in Asia, did not lie
in politics.
Finally, the overarching Western ethos of equality has
had a strong impact on all Asian societies. Indeed, this idea
became the linchpin to undennining the Western imperium
itself. But even with this wave of Western egalitarianism,
Asian societies retain an even more profound rootedness in
hierarchy. Western ideas of equal treatment and equal
dignity have woven their way into the fabric of all Asian
societies. But the "rightness" of hierarchy remains
(Dumont, 1970). Gandhi, for example, called members of
the "untouchable" caste haxijans, or "children of God," but
still supported the moral virtue of the hierarchical caste
system itself. Echoes of the old Confucian hierarchy
remain strong in China, as do patterns of the samurai ritual
and hierarchical obligations in Japan, particularly in its
unique corporate culture. Thus, equalily in Asia, with lhis
hierarchical persistence, is better rendered as equity. which
is a word that gives more mom for social laddern in a for -
mulation of fairness and justice.
Illustratively, then, in passing these three universal
political concepts of democracy, freedom, and equality
through the analytical prism of the historical context of
Asia, we find that all Asians persist in holding onto two
anchors. First, Asians retain a strong rrelcrence for groups,
particularly the extended family, over individunls ns the
primary unit of society. Second, in this preforcncc lbr
groups, Asitms continue to choose a hierarchicnl ordering
of these groups over any comrrehcnsive notions of l'ull
social equality. The persistent hold (lf these two tinclmrs
necessitates an Asian rcfonnulation or these corn.:cpt:,;,
which have heretofore been defined only l'rom a Western
context. Thus, the expression of individual lhicdmn or
rights from the West must in Asia be tcmpcrcll by a greater
consideration for group rcsronsibilities so lhat freedom in
Asia is merely a relative autonomy from them. Similarly,
the penchant for hierarchy in Asia imposes equity as an
appropriate expression of fairness, rather than equality.
Tuming to politics from these two reformulations, ,kmoc~
racy in Asia, therefore, will need lo be constrw.:tecl and
expressed in political arrangements that value groups aml
legitimate hierarchy. Thus, the cultural scllings of such
seemingly universal politicul conccpls as dcmocrncy. free-
dom, and equality achieve richer meaning and nmmcc
when analyzed comparatively through their cvt1lutiun in
other cultures, including those in Asia.
References and Further Readings
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New Yurk:
Grove Press.
Bell, D. A. (2000). Eas/ nwt'lx IVi•st. Prineewn, NJ: Prim:~h•n
University Press.
Benedict, R. (1946). 711e cl11:v.w111tlw11111111 11111/ tit,'
.rnw.l:
Patterns 11f'Japa11t'se c11/t11re. Bostrni: l loughton MHllm.
Brown, D. M. ( 1954). Tlw wltitl' 11111/irc/lv: l11dlm1
puliltn1/
thought from Mwm to Ga11dlti. Berkeley: Uni•crsi1y of
California Press.
Brown, D. M. ( 1965). The 1wlimw/is/ 1t10'e111e111: lucliw,
1ml1t11·<1/
thought jiw11 Remade to Bltaw. Berkeley: University 111'
Califomiu Press.
Clarke, J. J. ( l 997). Oricmlul e11lighte11111e111: 71,e
i'lll't1U11ta
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Dallmayr, F. R. (Ed.). ( 1996). Beyo11d orienla/ism: fa,c(RI' ,m
n-r;,u-
cultural encou11te1: Albany: SUNY Press.
DeBary, W. T. (1983). The liberal tradition in China. New
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Columbia University Press.
DeBary, W. T., & Weiming, T. (Eds.). ( 1999). Cmifuci,mism
t111d
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Dumont, L. ( 1970). Homo hierarchic11s: The caste system and
i/.v
implications. Chicago: University of Chicago Press.
Gandhi, M. K. ( 1957). An autohiogmphy: The story r1/'111y
cxper-
imem.1· with tnnh. Boston: Bi.:uctm Press.
Gluck, C. ( l 985) . .Japan:~ modem myths: Ideology in t/1('
luJc•
Me(ji period. Princeton, NJ: Princcto11 U11ivcr:d1y Press.
Goldman, M. ( 1994 ). Sowing the .1'el•ds r!f' demo(.'l'lll'.V i11
( 'hi11a:
Political reJbrm in the Deng Xi110pi11g ern. Camhridgc, MA:
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Hall, D. L., & /mes, R. T. ( l 999), 171,• de11werac:v of' th('
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Dewey, Co11/i1d11s, al/Cl the hop<' Jiir tlc11101·1·ac:F in
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Lt1sullc, IL: Open Court.
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Uow,·11111<•111
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71
2. The KURUKAN FUGA Charter: An example of an
Endogenous Governance
Mechanism for Conflict Prevention, by Mr. Mangoné NIANG,
Director of CELTHO/UA.
One of the first known texts on municipal organization in our
sub-region, the Kurukan Fuga
Charter, is being rediscovered today not only by those who
work in the field of oral
tradition, but also by those who want to go back to the origins
of political thought in Africa.
The researchers interested in this text included, first of all,
historians (and also the Jelis, or
scholars of tradition, who are experts trained in western history
of traditional); followed by
text theorists, jurists, environmentalists, and even
philosophers††, although as an art of
thinking inherited from Greek culture. Our special interest in
this document is not based on
the fact that it has drawn the attention of many experts: we all
know that an oral text is a
complete text or, as those who are responsible for
conceptualizing it say, a holistic text. We
generally find in it not only a global vision and an esthetic
quality, but also methods of
managing nature as well as a legal code to guide relations
between communities and their
members. Oral tradition also has many texts that convey
medical procedures for relieving
human physical suffering. The exception is in the fact that the
Charter is a major document
for traditional mediation, thereby underscoring, and perhaps
that is what makes it
contemporary for us, a legislating spirit in African societies of
the 13th century. Consequently,
one could ask an ethical and practical question: If Africans of
that period sought to settle
disputes through negotiation, why not us?
This question also tends to dismiss some objections rising here
and there to the validity
(breaking down myth and reality) of the Charter today. If indeed
the Charter can have serve
some purpose in our lives today, then it would be absurd not to
draw from the document.
Africa is frantically looking for solutions that can best resolve
its crises. This is a practical
argument that should convince all schools of thought. As for the
other aspects, which are
certainly more profound, they concern our desire to develop our
own historical awareness,
as well as the destiny we want to choose for ourselves.
Preserving our historical memory
helps restore meaning; this is what people all over the world are
asking today.
Epistemological works have finally shown that the caesura
between tradition and modernity
is difficult to establish (and this is based on the simple fact that
one exists in the other) and
that we are free not to accept, in Nietzsche’s demystifying
word, illusions intended to fool
our lucidity.
Another of the Charter’s values is that it has been able to be
interpreted by all ages, through
memories, despite the instability of an oral text (although if
presented and repeated, some
oral texts eventually take on stable forms, and the only aspects
that change are those which
depend on the Jeli’s performance). This means that the Charter
exists:
• within the enormous Manding corpus: there are as many
versions as presented by
Jelis throughout the centuries; it is a text among others, which
all represent what
could be preserved, within this pluralist space, as memory,
stories or ways of life;
†† A Professor of Cheikh Anta Diop University in Dakar has
included the Charter in his Political
Philosophy course.
72
• in Prof. D. T. Niane’s work, which has today become a classic,
“Soundiata ou
l’épopée manding”‡‡. One of the last chapters is entitled
“Kurukan Fuga or
sharing the world”. We know that the work is a written version
of the narrative
provided by a Jeli to the eminent Guinean historian. (It is not by
accident that this
book, commended by all and translated into several languages,
is a major work.
As it supports the saying that one can sing well only on the
branches of his own
genealogy, it launches the break of post-independence African
historians by
introducing other types of testimony, shows what the Jelis think
of their own
stories, and brings the text as close as possible to reality, a
problem that would
resurface in debate, initiated by African philosophers, on
“ethno-philosophy”) ;
and
• in various surveys conducted by researchers of all generations
(in particular
Youssouf T. Cissé, A. O. Konaré, S. Kouyaté, Fodé M. Sidibé,
etc§§.
This is all that some of us knew about the Kurukan Fuga Charter
before the meeting between
the Kankan’s traditional and modern communicators. During
this meeting, Jelis from several
African countries each presented the provisions of the Charter
and subsequently agreed on a
final version. This is the version that was collected and
recorded in the digital data bank of
the Niamey Centre***.
It should be noted, however, that the Kurukan Fuga Charter was
not created, ready for use,
by those who in 1236 participated in the meeting in Kangaba
(current Mali). It was created
after a bloody war between populations, who finally became
very close. It is also the result of
a process, begun with “Mandé Kalikan” (The Mande Oath) that
governed hunters’ way of
life at that time. The Kurukan Fuga Act, which came at the
height of Sundiata’s power, was
the celebration of a legal code, broadened and more detailed,
which from that moment had
the force of law for all the community groups of Mandé. The
provisions of the Act concern
the municipal organization, as well as property management and
nature. While some of
them are in contradiction with our current principles (for
example, provision 15 : “Never
beat a married woman unless you have tried unsuccessfully tried
to get her husband to
intervene”, or provision 17 : “Lies that have been told for 40
years should be considered as
truths” or again provision 41 : “Kill your enemy, do not
humiliate him”); there are others (for
example, provision 5 : “Every person has the right to life and to
preserve his physical
integrity… “) that are consistent with current concerns. Once
again, the text should be
understood within the context that it was conceived: wars of all
types, lack of human dignity
‡‡ Djibril Tam sir Niane : Soundiata ou l’épopée m anding,
Editions Présence Africaine, Paris 1960
(English translation: D. T. Niane, Sundiata : An Epic of O ld M
ali, translated by G . D. Pickett,
Longm ans, London, 1965).
§§ M ost of the works of Y. T. Cissé have been published in
Editions Karthala, in Paris; A. O .
Konaré, « La notion de pouvoir dans l’Afrique traditionnelle et
l’aire culturelle m anden en
particulier », Le concept de pouvoir en Afrique, col. «
Introduction à la culture africaine », n° 4,
Editions UNESCO , Paris 1981; S. Kouyaté, Le cousinage à
plaisanterie, notre héritage com m un,
Editions G anndal, Conakry 2003. The works of F. M . Sidibé
will be published soon.
*** cf. site du Bureau UA-CELHTO de Niam ey : www.africa-
orale.org
73
and values, slavery, etc. And, in this fragmented world, there
was a strong desire for law and
order, with long and tremendous effort to create a new
conciliatory and legislative spirit –
the same effort then and today – that would strike a balance
between differences through
social negotiation. Provision 7 introduced the sanankuya
(known today as “kinship of
pleasantry”, “joking cousinship” or “congenial relationship”)
among the members that
formed the Mandé communities. Very early on, various works
identified the “sanankuya” in
most African societies. As a mechanism for dispelling disputes
by miming or dramatizing
them, the sanankuya is still very much alive in many of our
countries today. An African
writer recently gave it a literary dimension: story of the Peulhs
narrated by Sérères†††. It
exists among surnames, ethnic groups, age groups, families,
villages and, through
correspondence of surnames, between countries. Although we
know little about it, the
sanankuya played a key role, through the mediation by Sorry
Kandia Kouyaté
(commissioned by the Guinean Head of State at that time), in
resolving the conflict between
Mali and Upper Volta (now Burkina Faso) in 1975.
“What built up Mandé? War! What broke down Mandé? War!” -
this is what Jelis of
Mandingue tradition continue to proclaim today. It is with this
idea that societies have said,
and said again, and repeated once more, we need to seek the
origins of this founding
document, the Kurukan Fuga Charter, or to echo Mr. Foucault’s
idea of the document as a
monument.
††† T. M onénem bo, Peuls, Editions du Seuil, Paris 2004.
74
ANNEX 1 : THE CHARTER OF KURUKAN FUGA
The Charter of Kurukan Fuga, re-published here, is a version
collected in Guinea at the end of
a concerting regional workshop between traditional and modern
communicators (Kankan: 3-
12 March 1998). The traditionists are those who declined the
text; then it has been transcribed
and translated, with the help of Guinea linguists and under the
supervision of Mr. Siriman
Kouyaté – Magistrate and traditionist (his family is guardian of
the Sosobala, in Niagasole,
Guinea). Afterwards S. Kouyaté structured The Charter, without
falsifying the essential
point, talking here about the modern juridical texts with a view
to make it readable for
contemporaries (the original text in Malinke is available on the
digital data bank ARTO).
The text of the Charter is followed by explanatory notes (Annex
2) prepared by Mr. Siriman
Kouyaté.
People who took part in the meeting in Kankan:
1. Traditional communicators :
• Siaka Kouyaté, Niagassola, Siguiri (Guinea)
• Lamine Kouyaté, Loïla, Mandiana (Guinea)
• Damissa Sékou Diabaté, Siguiri (Guinea)
• Koulako Touré, Faranah (Guinea)
• Mamady Kante dit Konkoba, Dinguiraye (Guinea)
• Old Koita, Kérouané (Guinea)
• Sekouba Condé, Dabola (Guinea)
• E. Oumar Camara, Kankan (Guinea)
• Abdoulaye Kanouté, Tambakounda (Senegal)
• Siriman Kouyaté, Niagassola, Siguiri (Guinea)
2. Other communicators and participants:
• Alpha Kabiné Keïta, General Director of Rural Radio (Guinea)
• Mamady Kanté, Journalist, Rural Radio of Kankan (Guinea)
• Mamadou Lamine Doumbia, Journalist, Radio of Tambacounda
(Senegal)
• Saa Bédou Touré, Journalist, Rural Radio of Kankan (Guinea)
• Louis Millogo, Professor, Université de Ouagadougou
(Burkina Faso)
• Fatoumata Bamba, Journalist, Rural Radio of Kankan (Guinea)
• Bernard Feller, Director, Intermédia Consultants, S.A. Berne
(Switzerland)
• Lansana Condé, Professor, Université J. Nyerere, Kankan
(Guinea)
• Souleyman Condé, Journalist, Rural Radio of Kankan (Guinea)
• Amadou Baba Karambiri, Journalist, Rural Radio of Bobo-
Dioulasso (Burkina Faso)
• Mangoné Niang, Director, UA-CELHTO, Niamey (Niger)
• Cheikh Oumar Camara, Journalist, ORTG, Conakry (Guinea)
• Neguedougou Sanogo, Educationist, School Radio, Bamako
(Mali)
75
THE CHARTER OF KURUKAN FUGA
1. The Great Mande Society is divided into sixteen clans of
quiver carriers, five clans of
marabouts, four groups of “nyamakalas” and one group of
slaves. Each one has a specific
activity and role.
2. The “nyamakalas” have to devote themselves to tell the truth
to the chiefs, to be their
counsellors and to defend by the speech the established rulers
and the order upon the whole
territory.
3. The Morinkanda Lolu (the five clans of marabouts) are our
masters and our educators in
Islam. Everyone has to hold them in respect and consideration.
4. The society is divided into age groups. At the head of each a
chief is elected. Belong to the
some age-group the people (men or women) who are born
during a period of three years in
succession.
The Kangbès (members of the intermediary class between young
and old people) should be
invited to take part in taking important decisions concerning the
society.
5. Everybody has a right to life and to the preservation of its
physical integrity. Accordingly,
any attempt to deprive one’s fellow being of life is punished
with death.
6. To win the battle of prosperity, the Kön¨gbèn Wölo (the
general system of supervision) has
been established in order to fight against laziness and idleness.
7. It has been established among the Mandenkas, the
sanankunya (joking relationship) and the
tanamanyöya (blood pact). Consequently any contention that
occurs among these groups
should not degenerate, the respect for one another being the
rule. Between brothers-in-law
and sisters-in-law, between grandparents and grand-children,
tolerance and rag should be the
principle.
8. The Keïta’s family is nominated reigning family upon the
empire.
9. The children’s education behoves the entire society. The
paternal authority in consequence
falls to everyone.
10. We should offer condolences mutually.
11. When your wife or your child runs away stop running after
her/him in the neighbour’s house.
12. The succession being patrilineary, do never give up the
power to a son when one of his fathers
is still alive. Do never give up the power to a minor just
because he has goods.
13. Do never offend the Nyaras.
14. Do never offend women, our mothers.
76
15. Do never beat a married woman before having her husband
interfere unsuccessfully.
16. Women, apart from their everyday occupations, should be
associated with all our
managements.
17. Lies that have lived for 40 years should be considered like
truths.
18. We should respect the law of primogeniture.
19. Any man has two parents-in-law: the parents of the girl we
failed to have and the speech we
deliver without any constraint. We have to hold them in respect
and consideration.
20. Do not ill treat the slaves. You should allow them to rest
one day per week and to end their
working day at a reasonable time. You are the master of the
slaves but not of the bag they
carry.
21. Do not follow up with your constant attentions the wives of
the chief, of the neighbour, of the
marabout, of the priest, of the friend and of the partner.
22. Vanity if the token of weakness and humility is the one of
nobility.
23. Do never betray one another. Respect your word of honour.
24. Never do wrong to foreigners.
25. The ambassador does not risk anything in Mande.
26. The bull confided to your care should not lead the cattle-
pen.
27. The young woman may be eligible to marry as soon as she
reaches puberty no matter her age.
Her parents' choice must be respected no matter the number of
candidates.
28. The young man can get married from 20 years old.
29. The amount of the dowry is 3 bovines: one for the girl, two
for her father and mother.
30. In Mande, the divorce is tolerated for one of the following
reasons: the impotence of the
husband, the madness of one of the spouses, the husband’s
incapability of assuming the
obligations due to the marriage. The divorce should occur out of
the village.
31. We should help those who are in need.
32. There are five ways to acquire the property: the buying, the
donation, the exchange, the work
and the inheriting. Any other form without convincing
testimony is doubtful.
33. Any object found without known owner becomes common
property only after four years.
77
34. The fourth bringing forth of a heifer confided is the
property of the guardian.
One egg out of four is the property of the guardian of the
laying hen.
35. One bovine should be exchanged for four sheep or four
goats.
36. To satisfy one’s hunger is not a robbery if you don’t take
away anything in your bag or your
pocket.
37. Fakombè is nominated chief of hunters. He is responsible
for conserving the bush and its
inhabitants for everyone's well-being.
38. Before setting fire to the bush, don’t look at the ground, rise
your head in the direction of the
top of the trees to see if they don’t bear fruits or flowers.
39. Domestic animals should be tied up during cultivation and
can be let loose after the harvest.
The dog, the cat, the duck and the poultry are not bound by the
measure.
40. Respect the kinship, the marriage and the neighbourhood.
41. You can kill the enemy, but not humiliate him.
42. In big assemblies, be satisfied with your lawful
representatives and respect one another.
43. Balla Fassèkè Kouyaté is nominated big chief of ceremonies
and main mediator in Mande. He
is allowed to joke with all groups, in priority with the royal
family.
44. All those who will transgress these rules will be punished.
Everyone is bound to make
effective their implementation.
78
ANNEX 2 : EXPLANATORY NOTES
I - About the social organization
The classification of the Mandingue society is worth some
explanation. The stratification
established by the Charter is nothing more or less than the work
division among the different
components of the society. This division far from being
arbitrary has rather institutionalized
a State as a matter of fact in precising may be a bit more the
roles and attributes.
The Charter has divided Mandingue society into two big
categories: the free men and the
slaves.
A - The free men “horon”
They are subdivided into:
1 - Sixteen (16) clans of quiver carriers or “ton ta jon”: they are
those who carry bows and
arrows. The warriors who should defend the territorial integrity
of the Empire were
recruited in this group which is composed of the following
clans: Traoré, Condé, Camara,
Kourouma, Kamissoko, Magassouba, Diawara, Sako, Fofana,
Koïta, Dansouba, Diaby, Diallo,
Diakité, Sidibé and Sangaré.
2 - Four (4) princely clans which are: Koulibaly, Douno or
Soumano or Danhou or Somono,
Konaté and Keïta. Even if the Keïta were entrusted with the
destiny the Empire, the other
clans which have with them blood ties, are considered as
princely.
3 - Five (5) clans of marabouts, in charge of being the educators
and the teachers in the
teaching of the new religion. They are the Cissé, Bérété, Diané
and Sylla, or Koma.
4 - Four (4) groups of “nyamakala” : literally, nyamakala means
“who challenges all the
interdicts” ; “nyama” means maleficent occult power in
Mandingue language and “kala”
means in the present context wariness, limit, immunity,
antidote.
The nyamakala those who can challenge all the interdicts, are
divided like this:
a) The Jeli : they are depositaries of the traditions – archives,
the master of the word, the
counsellors of the kings, the artists and the musicians. They
have at their head the Kouyaté
and the Diabaté.
In the course of time, the jeli became a kind of congregation
which can be joined by everyone
who holds the rules in respect.
That is how nowadays; belong to this class Keïta, Condé, Kanté,
Kourouma, Koïta, Touré,
Diawara, etc.
b) - The Fina and Finè, other non musician librettists
specialized in the mediation. They are
especially the Camara.
79
- The Numun fin, working the iron and its derivatives to make
tools of any sorts. Their wives
make pottery.
- The Siaki, working precious metals, gold and silver to make
jewels.
- The Kule, working the wood to make art articles: for example
the sculptors.
c) The Numun or blacksmiths are essentially composed of the
clan of the Kanté, Camara,
Kourouma.
d) The Garanke are the masters of the leather and of the
weaving. The shoemakers and the
weavers are within this group. Some of them are specialized in
the making of the harness for
horses and of the cushions, they are “sake”.
The Garanke are essentially the Sylla. But other clans have
joined them.
As you can notice it, several clans find themselves in more than
one class. That is not
surprising when we know that as the ages go by particular
events can overturn so many
structures.
These four groups of nyamakala were much feared. They cannot
be reduced to captivity; the
other classes owed them circumspection, gifts and subsistence.
As Amadou Hampaté BA said it in his book “Amkoullel, the
Fulani Child” (1992 : 522):
“Each function corresponded to a specific initiatory way. To
keep their pureness, these groups formed
through the endogamy and certain sexual interdicts closed
hereditary groups. Here, there is not this
notion of untouchability or of inferiority that certain people
now show towards them”.
The twenty-nine classes, of which I have just made a succinct
description of the activities, are
the free men or “horon”.
B - The slaves:
Before the advent of the Empire, the slavery as a trade has
drained an important part of the
kinetic energies from the Mande. This practice is forbidden by
Soundiata, as well as the
conditions of the domestic slavery have been softened. There
were two categories of slaves:
1 - Free men and women captured during wars and reduced in
slavery, those who were
bought and who, because of that moved from one master to
another : mina jon (caught
slaves) and san jon (bought slaves).
2 - The offspring of the first ones, born in the master’s house:
they are the wossolo what
literally means : “of the house”.
The wolosso could only be employed or freed; the master could
not sell them. Most of them
assimilated themselves in the end and took the patronymic of
their masters.
The statement 20 of the Charter pointed out the condition of the
slaves by humanizing it.
80
The statement 4, in dividing the society into age-groups, has
brushed aside all the prejudices
associated to the conditions of the ones and the others.
Actually, are they quiver carriers,
princes, nyamakala, marabouts or slaves, all those who belong
to the same age-group should
observe the same rules without sex distinction.
Together they discussed their problems, each one playing the
role the society entrusted
him/her.
The Kangbès were the link class between the ancients who
managed the city and the
teenagers who were the secular arms of it. They took part in the
taking of big decisions and
then informed younger people.
The statement 6 has established a sort of general supervisors
who, at a certain time of the
day, checked in all the families in order to catch the idle and
lazy people and make them take
the way to the fields and the workshops. The contraveners were
denounced before the
ancients’ council. This practice has contributed effectively to
the prosperity of the Empire.
The “sanankunya” and the “tanamanyöya “ or joking
relationship which is the object in the
statement 7 of the Charter has been established among the
Mandenkas user friendly
relationships more or less strong according to the case, but
which all contribute to the culture
of tolerance and peaceful coexistence. The joking relationship,
as Mr. Raphaël N’Diaye
names it so eloquently, was not an invention of the Kurukan
Fuga, but the Charter has
institutionalized it.
II - Rights and Duties
At the statement 11, the respect neighbours owe to one another
has been almost considered
sacred. Whatever can be the mistake made by one of the
members of your family, since the
latter goes to find shelter in your neighbour’s house, you don’t
have any more the right to
punish him/her for this mistake. You should abandon and erase
from your memory the
offence made to you.
At the statement 13, we can read “Do never offend talented
men”. They belong to the
nyamakala, the jeli and the fina.
These masters of the word are the appointed mediators; any
offence should not be made
towards them in the accomplishment of their activities which
aim is nothing but the
extinguishing of conflicts and wars.
At the statement 17, it is a kind of prescription the society puts
to statements everybody
considers as true during a certain time and which cannot be
denounced any more after that
period fixed as at 40 years.
The law of primogeniture is in the African societies an
indefeasible right. We should owe
respect and obligations to someone older than we, whatever
his/her social status or his/her
wealth can be.
81
Within the family, this right is so strongly rooted that a
common saying states the following:
“we can be older than our father or our mother but never be
older than our elder brother”.
Understand by father and mother the uncles and the aunts
(statement 18).
The statement 21 reveals the adultery in general because in
moving aside the wives of the six
groups mentioned in the text, there are no more wives to pay
court to.
The statement 23 symbolizes the sense of honour and of the
dignity, values dear to the
Mandenka. Stabbing an enemy, using shilly-shallying instead of
taking a courageous
decision, not facing an occurrence, are considered as cowardice.
It is better to refuse, even if I
should stand the consequences, than accepting and betraying
after. From which the main
motto of the Almamy Samory Touré: “When the man refuses, he
says no”.
The statement 24 makes it an obligation for everyone not to do
wrong to foreigners. This
Article is included in the Charter in gratitude for the hospitality
Soundiata Keïta himself has
been offered during his exile for seventeen years.
So, the foreigner is like a king in Mande, he is tolerated,
protected and defended. Besides, it
is said that the foreigner has big eyes but he can’t see. That’s
the reason why certain mistakes
he makes are not attributable to him. He is supposed to ignore.
The statement 25 attaches immunity to the ambassador, who
only passes on a message of
which he is not the author. He should not be punished. This
notion is found in the Article 29
of the Vienna Convention dated 8 April 1961 which protects the
diplomats against penal actions
in the States they are accredited. By extension, the diplomatic
premises profit by the notion
of extraterritoriality therefore inviolable.
The statement 26 is a picture, a metaphor that protects the
foreigner. The entrusted bull is
unfamiliar to the cattle pen. In entrusting him to lead the cattle
pen, he can lead the herd to
the wrong place. In the same way, the foreigner should not be
appointed at the functions of
management of a locality but if so only after a long training
time.
The statement 30 deals with divorce. So, three peremptory
reasons are considered as being
able to motivate the divorce by the request of one of the
spouses:
• The impotence of the husband ;
• The madness of one of the spouses ;
• The incapacity of the husband to assume the obligations due to
the marriage.
These obligations are: food, dressing, care taking, the conjugal
duties and consideration due
to parents-in-law.
The Mandenka considered that the divorce is a situation so
serious so that it should be
pronounced far away from the city.
The statement 41 is not a formula inciting to the murder. It only
means that if you should
kill your enemy, kill him but it is absolutely forbidden to you to
humiliate him.
82
About goods:
The statement 36 deals with the fact of being in need as it is
stated on the penal right. In the
context of the Charter, are only concerned fruits pendent or
picked up, crops in the fields
which can be eaten. We can eat as much as we can but we
should not put some in our bag or
in our pocket, otherwise it would be a robbery.
About the preservation of the nature:
The statement 38 draws the attention on the flowers and the
fruits we can find on the top of
the trees. They should not be burnt.
Besides we should mention that bush fires were one of the
infringements still punished with
the sentence of death being anxious to preserve the nature the
way it is.
Final provisions:
The preponderant place acknowledged to Balla Fassèkè Kouyaté
and through him to all
talented men in the statement 43, is not fortuitous. It is
understandable fundamentally
through the role he played in the big events the Mande went
through. Balla Fassèkè Kouyaté
is the one who, with courage and determination, told Magan
Soundiata quite plainly what
other people thought deeply.
He was the one who, with the right words and tune, succeeded
to calm down the Emperor in
the difficult contexts, since life is not only made of lucky days.
The secret of the greatness of the Mande has been their
cohesion. This cohesion has been kept
in a large measure by men and women who, most of the time in
the anonymity, recalling the
Mandenka the principles that funded the Mandingue nation.
The immunity of speech given to Balla Fassèkè Kouyaté and to
his descendants enabled the
successive generations of tradition guardians to play their role
of conciliators and of
mediators in the society. Even now, if the data have changed the
substrate still remains,
deeply rooted in the values of Mandingue civilization.
Conclusion:
For all the statements of the Charter, the expressions: “do, do
not”, are style clauses which
restore as faithfully as possible the mind of the authors of the
text. But what is expressed in
the forty four statements is for and is imposed on all the
inhabitants of the Mande who are
responsible for their implementation.
Chapter 4:
Collection of
Crime Scene
Evidence
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
Crime Scene Evidence
• As automobiles run on gasoline, crime laboratories
“run” on physical evidence.
• Physical evidence encompasses any and all objects
that can establish that a crime has been committed
or can provide a link between a crime and its victim
or a crime and its perpetrator.
• But if physical evidence is to be used effectively for
aiding the investigator, its presence first must be
recognized at the crime scene laws.
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
Crime Scene Evidence
Forensic science begins at the crime scene.
• If the investigator cannot recognize physical evidence or
cannot properly preserve it for laboratory examination, no
amount of sophisticated laboratory instrumentation or
technical expertise can salvage the situation.
• Here, investigators must recognize and properly preserve
evidence for laboratory examination.
• It must be emphasized that the techniques of crime-scene
investigation are not difficult to master and certainly lie within
the bounds of comprehension of the average police officer.
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
Physical Evidence
• Physical evidence encompasses any and all objects
that can establish that a crime has or has not been
committed or can provide a link between a crime
and its victim or a crime and its perpetrator.
• But if physical evidence is to be used effectively for
aiding the investigator, its presence first must be
recognized at the crime scene.
• If the investigator cannot recognize physical
evidence or cannot properly preserve it for
laboratory examination, no amount of sophisticated
laboratory instrumentation or technical expertise
can salvage the situation.
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
Types of Physical Evidence
Blood, semen, and saliva
Documents
Drugs
Explosives
Fibers
Fingerprints
Firearms and ammunition
Glass
Hair
Impressions
Organs and physiological fluids
Paint
Petroleum products
Plastic bags
Plastic, rubber, and other
polymers
Powder residues
Soil and minerals
Tool marks
Vehicle lights
Wood and other vegetative
matter
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
Procedures for Collection
Often, many items of evidence are clearly visible but
others may be detected only through examination
at the crime laboratory.
For this reason, it is important to collect possible
carriers of trace evidence, such as clothing, vacuum
sweepings, and fingernail scrapings, in addition to
more discernible items.
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
Procedure for Collection
• Investigators handle and process physical evidence
in a way that prevents changes to the evidence
through contamination, breakage, evaporation,
accidental scratching or bending, or through
improper or careless packaging.
• The use of latex gloves, disposable forceps, and
sanitized equipment reduces the chance for
contamination.
• Whenever possible, one should keep evidence in its
original condition as found at the crime scene.
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
Packaging
Each different item or similar items collected at
different locations must be placed in separate
containers. Packaging evidence separately prevents
damage through contact and prevents cross-
contamination.
The well-prepared evidence collector will arrive at a
crime scene with a large assortment of packaging
materials and tools ready to encounter any type of
situation.
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
Packaging
• Disposable forceps and similar tools may have to be
used to pick up small items.
• Unbreakable plastic pill bottles with pressure lids are
excellent containers for hairs, glass, fibers, and
various other kinds of small or trace evidence.
• Alternatively, manila envelopes, screw-cap glass
vials, or cardboard pillboxes are adequate containers
for most trace evidence encountered at crime sites.
• Ordinary mailing envelopes should not be used as
evidence containers because powders and fine
particles will leak out of their corners.
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
Packaging
Small amounts of trace evidence can also be
conveniently packaged in a carefully folded paper,
using what is known as a “druggist fold.”
Evidence from arson scenes should be packaged in
airtight metal or glass containers to prevent the
loss of accelerant vapors.
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
Packaging
• If biological or bloodstained materials are stored in airtight
containers, the accumulation of moisture may encourage the
growth of mold, which can destroy the evidential value.
• In these instances, the material should be allowed to air -dry
before being packaged in wrapping paper, manila envelopes,
or paper bags.
• Contamination is a key concern during the collection of DNA-
containing specimens such as blood, saliva, sweat or skin
cells. Contamination can occur either by introducing foreign
DNA through coughing or sneezing onto evidence or if items
of evidence are incorrectly placed in contact with each other
during packaging.
• To prevent contamination, the evidence collector must wear a
face mask and use disposable latex gloves and disposable
forceps when collecting evidence that may contain DNA.
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
Chain of Custody
Chain of Custody: a list of all persons who came
into possession of an item of evidence.
• Continuity of possession, or the chain of custody, must be
established whenever evidence is presented in court as an
exhibit.
• Adherence to standard procedures in recording the location of
evidence, marking it for identification, and properly
completing evidence submission forms for laboratory analysis
is critical to chain of custody.
• This means that every person who handled or examined the
evidence and where it is at all times must be accounted for.
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
Obtaining Reference Samples
Standard/Reference Sample: Physical evidence
whose origin is known, such as blood or hair from a
suspect, that can be compared to crime-scene
evidence.
• The examination of evidence, whether it is soil, blood, glass,
hair, fibers, and so on, often requires comparison with a
known standard/reference sample.
• Although most investigators have little difficulty recognizing
and collecting relevant crime-scene evidence, few seem
aware of the necessity and importance of providing the crime
lab with a thorough sampling of standard/reference materials.
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
Submitting Evidence
• Evidence is usually submitted to the laboratory either
by personal delivery or by mail shipment.
• Care must be taken in packaging evidence that will be
sent by mail in order to prevent breakage or other
accidental destruction during transit to the laboratory.
• Most laboratories require that an evidence submission
form accompany all evidence submitted. Case
information provided on this form enables the
laboratory analyst to make an intelligent and
complete examination of the evidence.
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
Crime Scene Safety
Crime scenes frequently present the investigator with
biological specimens of unknown origin; the
investigator has no way of gauging what health
hazards they may contain. One must use caution and
protection at all times.
The Hot zone is the active crime scene area, which
means contaminates and probable evidence exists in
this region. In the Hot zone, all Crime Scene
Technicians should be suited up with Personal
Protection Equipment, also known as PPE, such as
masks, foot protections, eye protections, and gloves.
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
Crime Scene Safety
It is recommended that personnel always wear
double-gloved latex gloves and possibly chemical
resistant clothing, Tyvek-type shoe covers, a
particle mask/respirator, goggles, or face shields
when potentially infectious material is present.
Gloves should be changed often.
Personnel should maintain a red biohazard plastic bag
for the disposal of contaminated gloves, clothing,
masks, pencils, wrapping paper, and so on.
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
Crime Scene Safety
When processing and collecting evidence at a crime
scene, personnel should be alert to sharp objects,
knives, hypodermic syringes, razor blades, and
similar items.
Eating, drinking, smoking, eating, and chewing gum
are prohibited at the immediate crime scene.
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
Crime Scene Safety
Updates of current Crime Scene Safety regulations
and education should be made annually by a
designated Crime Scene Safety Coordinator.
Health inspections should also be part of the job
requirements for the use of certain safety
equipment utilized at the crime scenes.
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
Search and Seizure Protocols
The removal of any evidence from a person or
from the scene of a crime must be done in
conformity with Fourth Amendment
privileges:
“The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and
seizure, shall not be violated, and no warrants shall issue, but
upon probable cause, supported by oath or affirmation, and
particularly describing the place to be searched, and the
persons or things to be seized.”
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
Search and Seizure Protocols
The United States Supreme Court has
determined that search and seizure without
a court-approved warrant is justified in four
cases:
1) The existence of emergency circumstances
2) The need to prevent the immediate loss or
destruction of evidence
3) A search of a person and property within the
immediate control of the person provided it is
made incident to a lawful arrest
4) A search made by consent of the parties involved
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
Search and Seizure Landmark
Cases
In the case of Mincey v. Arizona, the Court dealt with
the legality of a four-day search at a homicide
scene and determined that the evidence was
illegally seized because a warrant was never issued
and the circumstances of the case did not justify a
warrantless search.
In Michigan v. Tyler, fire destroyed a business
establishment leased by Loren Tyler and a business
partner. The court decided that evidence obtained
from the initial search was legally seized, but
evidence obtained from searches 4, 7, and 24 days
after the incident were illegally seized.
PowerPoint PresentationCrime Scene EvidenceCrime Scene
EvidencePhysical EvidenceTypes of Physical
EvidenceProcedures for CollectionProcedure for
CollectionPackagingSlide 9PackagingSlide 11Chain of
CustodyObtaining Reference SamplesSubmitting EvidenceCrime
Scene SafetySlide 16Crime Scene SafetySlide 18Search and
Seizure ProtocolsSlide 20Search and Seizure Landmark Cases
Chapter 3:
Recording the
Crime Scene
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
Crime Scene Notes
Note-taking begins when the investigator is
contacted and requested to report to the
crime scene.
The crime scene notes should begin with:
1)The identity of the person who contacted the
investigator
2) Time of contact and arrival at the crime scene
3) Preliminary case information
4) Personnel present on arrival and those being
contacted
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
Crime Scene Notes
• Notes contain a personnel log, all observations
made by the investigator, and the time
observations were made.
• Notes are taken in a uniform layout, concurrently as
the observations are made.
• Notes are written in a bound notebook in blue or
black ink.
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
Crime Scene Notes
Investigators may choose to record crime
scene notes on audio tapes.
• This leaves the hands free to process the scene as
the notes are taken.
• Tape-recorded notes must eventually be
transcribed to a written document.
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
Photography
Photographs taken at a crime scene:
1) Show the layout of the crime scene
2) Show the position of collected and uncollected
evidence
3) Show the point of view of victims, suspects, and
witnesses
4) Show the original condition of items of evidence
at the scene
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
PHOTOGRAPHY
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
Film Photography
• Film consists of a sheet of silver halide grains which
“expose” when exposed to light.
• Film speed is a measure of the light-gathering
capacity of the film.
• Special types of film include Polaroid film and
Infrared film.
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
Digital Photography
Chapter 5Physical Evidence© 2013 by Pearson Hig
Chapter 5Physical Evidence© 2013 by Pearson Hig
Chapter 5Physical Evidence© 2013 by Pearson Hig
Chapter 5Physical Evidence© 2013 by Pearson Hig
Chapter 5Physical Evidence© 2013 by Pearson Hig
Chapter 5Physical Evidence© 2013 by Pearson Hig
Chapter 5Physical Evidence© 2013 by Pearson Hig
Chapter 5Physical Evidence© 2013 by Pearson Hig
Chapter 5Physical Evidence© 2013 by Pearson Hig
Chapter 5Physical Evidence© 2013 by Pearson Hig
Chapter 5Physical Evidence© 2013 by Pearson Hig
Chapter 5Physical Evidence© 2013 by Pearson Hig
Chapter 5Physical Evidence© 2013 by Pearson Hig
Chapter 5Physical Evidence© 2013 by Pearson Hig
Chapter 5Physical Evidence© 2013 by Pearson Hig
Chapter 5Physical Evidence© 2013 by Pearson Hig
Chapter 5Physical Evidence© 2013 by Pearson Hig
Chapter 5Physical Evidence© 2013 by Pearson Hig
Chapter 5Physical Evidence© 2013 by Pearson Hig
Chapter 5Physical Evidence© 2013 by Pearson Hig
Chapter 5Physical Evidence© 2013 by Pearson Hig
Chapter 5Physical Evidence© 2013 by Pearson Hig
Chapter 5Physical Evidence© 2013 by Pearson Hig
Chapter 5Physical Evidence© 2013 by Pearson Hig
Chapter 5Physical Evidence© 2013 by Pearson Hig
Chapter 5Physical Evidence© 2013 by Pearson Hig
Chapter 5Physical Evidence© 2013 by Pearson Hig
Chapter 5Physical Evidence© 2013 by Pearson Hig
Chapter 5Physical Evidence© 2013 by Pearson Hig
Chapter 5Physical Evidence© 2013 by Pearson Hig
Chapter 5Physical Evidence© 2013 by Pearson Hig

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Chapter 5Physical Evidence© 2013 by Pearson Hig

  • 1. Chapter 5: Physical Evidence © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Physical Evidence • Almost anything can be physical evidence. • The purpose of recognizing physical evidence is so that it can be collected and analyzed. • It is difficult to ascertain the weight a given piece of evidence will have in a case, as ultimately the weight will be decided by a jury. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Purpose of Examining Physical Evidence The examination of physical evidence by a forensic scientist is usually for: • Identification to determine the physical or
  • 2. chemical identity of a substance. • Comparison analysis subjects a suspect specimen and a standard/reference specimen to the same tests and examinations for the ultimate purpose of determining whether or not they have a common origin. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Identification The object of an identification is to determine the physical or chemical identity with as near absolute certainty as existing analytical techniques will permit. • The process of identification first requires the adoption of testing procedures that give characteristic results for specific standard materials. • Once these test results have been established, they may be permanently recorded and used repeatedly to prove the identity of suspect materials. • Second, identification requires that the number and type of tests needed to identify a substance be sufficient to exclude all other substances. © 2013 by Pearson Higher Education, Inc
  • 3. Upper Saddle River, New Jersey 07458 • All Rights Reserved Common Types of Identification Examples of what the crime laboratory may be used to identify: 1. Chemical composition of illicit drugs 2. Gasoline residues from debris of a fire 3. Explosive residues; for example, dynamite, TNT 4. Blood, semen, hair, or wood © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Comparison A comparative analysis has the important role of determining whether or not a suspect specimen and a standard/reference specimen have a common origin. Both the standard/reference and the suspect specimen are subject to the same tests. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved The Forensic Comparison Procedure
  • 4. The forensic comparison is actually a two-step procedure: 1. Combinations of select properties are chosen from the suspect and the standard/reference specimen for comparison. 2. Once the examination has been completed, the forensic scientist must be prepared to render a conclusion with respect to the origins. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Role of Probability • Simply defined, probability is the frequency of occurrence of an event. • In flipping a coin, probability is easy to establish. • With many analytical processes exact probability is impossible to define. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Classifying Characteristics Individual Characteristics Evidence that can be associated to a common source
  • 5. with an extremely high degree of probability is said to possess individual characteristics. • In all cases, it is not possible to state with mathematical exactness the probability that the specimens are of common origin. • It can only be concluded that this probability is so high as to defy mathematical calculations or human comprehension. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Individual Characteristics Examples: • The matching ridge characteristics of two fingerprints • The comparison of random striation markings on bullets or tool marks • The comparison of irregular and random wear patterns i n tire or footwear impressions • The comparison of handwriting characteristics • The fitting together of the irregular edges of broken objects in the manner of a jigsaw puzzle • Matching sequentially made plastic bags by striation marks running across the bags
  • 6. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Class Characteristics Evidence associated only with a group is said to have class characteristics. • Surprising to the inexperienced is the frequent inability of the laboratory to relate physical evidence to a common origin with a high degree of certainty. • Evidence is said to possess class characteristics when it can be associated only with a group and never with a single source. • Nevertheless, the high DIVERSITY of class evidence in our environment makes their comparison very significant in the context of a criminal investigation. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Class Evidence Evidence is said to possess class characteristics when it can be associated only with a group and never with a single source. Nevertheless, the high DIVERSITY of class evidence in our environment makes their comparison very significant in the context of a criminal investigation.
  • 7. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Value of Class Evidence • One of the current weaknesses of forensic science is the inability of the examiner to assign exact or even approximate probability values to the comparison of most class physical evidence. • For example, what is the probability that a nylon fiber originated from a particular sweater, or that a paint chip came from a suspect car in a hit and run? • There are very few statistical data available from which to derive this information, and in a mass- produced world, gathering this kind of data is increasingly elusive. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Value of Class Evidence • One of the primary endeavors of forensic scientists must be to create and update statistical databases for evaluating the significance of class physical evidence. • Most items of physical evidence retrieved at crime scenes cannot be linked definitively to a single person or object.
  • 8. • The value of class physical evidence lies in its ability to provide corroboration of events with data that are, as nearly as possible, free of human error and bias. • Because of its DIVERSITY, the chances are low of encountering two indistinguishable items of physical evidence at a crime scene that actually originated from different sources. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Value of Class Evidence • When one is dealing with more than one type of class evidence, their collective presence may lead to an extremely high certainty that they originated from the same source. • Finally, the contribution of physical evidence is ultimately determined in the courtroom. • Just as important, a person may be exonerated or excluded from suspicion if physical evidence collected at a crime scene is found to be different from standard/reference samples collected from that subject. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved
  • 9. Crossing Over Crossing over the line from class to individual does not end the discussions. • How many striations are necessary to individualize a mark to a single tool and no other? • How many color layers individualize a paint chip to a single car? • How many ridge characteristics individualize a fingerprint? • How many handwriting characteristics tie a person to a signature? These are all questions that defy simple answers and are the basis of arguments. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Natural vs. Evidential Limits There are practical limits to the properties and characteristics the forensic scientist can select for comparison. • Modern analytical techniques have become so sophisticated and sensitive that natural variations in objects become almost infinite. • Carrying natural variations to the extreme, no two things in this world are alike in every detail.
  • 10. • Evidential variations are not the same as natural variations. • Distinguishing variations of evidential use from natural variations is not always an easy task. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Forensic Databases The Integrated Automated Fingerprint Identification System (IAFIS) is a national fingerprint and criminal history system maintained by the FBI and launched in 1999. It contains fingerprints for nearly 68 million subjects. The Combined DNA Index System (CODIS) enables federal, state, and local crime laboratories to electronically exchange and compare DNA profiles. Launched in 1998, it contains 350,000 profiles in its forensic index from unsolved crimes. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Forensic Databases The National Integrated Ballistics Information Network (NIBIN) allows firearm analysts to acquire, digitize, and compare markings made by a firearm on bullets and cartridge casings. Nearly 1.6
  • 11. million items have been entered into the database and 34,000 hits have been recorded. The International Forensic Automotive Paint Data Query (PDQ) database contains chemical and color information pertaining to original automotive paints. Contains information about 13,000 vehicles. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Forensic Databases SICAR (Shoeprint Image Capture and Retrieval) is a shoeprint database. This product has a comprehensive shoe sole database (SoleMate®) which contains more than 22,000 footwear patterns. A second database, TreadMate®, also has been created to house tire tread patterns. Currently, it contains 6,000 records © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Forensic Palynology Forensic palynology involves the collection and examination of pollen and spores connected with crime scenes, illegal activities, or terrorism. The microscope is the principal tool used in the field of forensic palynology.
  • 12. The information gained from the analysis of pollen and spore evidence has many possible uses. It can link a suspect or object to the crime scene or the victim, prove or disprove a suspect’s alibi, include or exclude suspects, track the previous whereabouts of some item or suspect, or indicate the geographical origin of some item. PowerPoint PresentationPhysical EvidencePurpose of Examining Physical EvidenceIdentificationCommon Types of IdentificationComparisonThe Forensic Comparison ProcedureRole of ProbabilityClassifying CharacteristicsIndividual CharacteristicsClass CharacteristicsClass EvidenceValue of Class EvidenceValue of Class EvidenceValue of Class EvidenceCrossing OverNatural vs. Evidential LimitsForensic DatabasesSlide 19Slide 20Forensic Palynology ASIAN POLITICAL THOUGHT TIMOTHY J. LOMPERIS Saint Louis University S cholars of Westem political thought have .not dis-puted the fact that there is a rich body of political thought in Asia. They lmve just not bothered to incorporate it into their corpus. This chapter seeks to pro- vide long-overdue recognition to this body of thought by calling attention to the fact that despite its heavy religious content (until modern times), the encounter with political ideas in Asia is just as profound as it is in the West. In fact, since these ideas in Asia are heavily fertilized by their Western colonial legacy, the West has much to learn about
  • 13. itself from these Asian borders to the West's material and intellectual reach. In this presentation of Asian political thought, what will emerge is that the such central ideas as democracy,ji-eedom, and equality were forn1ed in a historical context different from the West. In the West, these ideas were expressed and then refined through a prism of small city-states in Greece, the universal empire of Rome, the subsequent collapse of this imperium politically but its persistence intellectually in the Thomist medieval synthesis, the smashing fem1ent (both intellectually and institutionally) of the Renaissance and the Reformation, and the birth of the modern nation-state in the twin crucibles of the Thirty Years' War (1618-1648) and the French Revolution (1789-1795). In Asia, these same ideas have been definitionally fil - tered through a different historical stage in a play of three acts. The first act is the traditional or classical era before the Westem contact. We will see what from this period endures as a mark today of"Asianness." The second act is 560 a scrutiny of the trauma of the colonial expericm:e. l Ji.,c vast majority of Asian societies, either directly or mth, rectly, came under Western eolonial eonlrol ur unikJ spheres of Western influence. Ilow to react to thi:. in1m.:,;,11n1 precipitated a major ctisis but also resulted in a rid1 1md, lectuaI fennent that produced the first articulu!il ,,i,. ,•I• Asia's nationalisms. The third act is the modern t'-Cn<"'I from the end of World War II to the present, when Asi,l ,,.,,,,. set free on its own independent course. This has raised the question, Whither modern Asia? Is Asia no dilforcnl lh•.m a common globalizing world, or docs something llbtut.:, tively Asian remain about its political thought'!
  • 14. In these three acts, we will examine Asian conct.•p!s tiflhc state and of statecraft, as well as or military grand s1m1cg1e:"' and views on social equity and gender as they relate Ill th1..""' three concepts. The focus will be on India um! Chinn because these two ancient polities form the foundalillm1l p1J, lam of Asia. Japan will also be given considerable atlcntiun. along with some references to Korea. Southeast Asia will be considered not so much as individual countries but us a region tl1at has always been a tempestuous battleground between Indian and Chinese ideas and institutions. Theoretical Approach Insofar as the political thought of Asia crune to the atten~ tion of Western political theorists, it tended to be painted.in the broad brushes of overgeneralization. Karl Marx, In outlining the global stages to his class struggle, wrote ol' an "Asiatic mode of production" (quoted in Tucker, 1972, p. 5), which he chanu.:terizcd as a labtir-inlcnsivc agricul- tural society. Writing in this tradition, Karl Wlltfogcl (1957) spelled this out as a form of "Oriental despotism" ari::dng from the need to secure the necessary c()rvcc lnbor to support the rice culture of what he termed "hydrau I ie soci - ety." Taking a more cultural perspective, F. 8. ( •. Nm1hrnp (l 946) distinguished Asia as having a more aesthetic weltanschuuung than the scientific West. Ruther than the clear subject object divide in the West, Asia, Northrop contended, charted rculity along a mme l'lisctl aesllwtk continuum, thereby creating different logics aml perel!p· tions about the world. More recuntly, such politit.:al scientists .is Lucian Pye
  • 15. (1985) nml Duniel Bell (2000) have rl!nmrked on thu <lit:. fcrent conceptions Asians bring to politics. To both, these differencus require dcmocruey, in pnrticu lur. ltl undergo considemble modiliculion for uny sm:ccssful transplanta- tion to Asia. For Pye, the dwnges will have to allow for a more dependent and paternal understunding (and accep- tance) of pnwer. And ftir Bell, for Asia to be 1:0111fortable with dcmocmcy, democracy will have tll give a special place to knowledge over and above mere de111ucmtk egalitarianism. This is because idem; of <lcniocrncy, lh.:cdt1111, and equality have developed llUt 01'11 historical context dillcr - ent frnm the West':-. This conh:xt has led to cnndusions nn the grnunding or these idl!as that are also ditforcnt from the conclusions or the West. Put simply. We!itcrn pulitkal thought is grounded in the individual as Liu: hash.: unit nf politics, and in equality, in stm1c liirm, as the al·t·cptcd basis for human relations ,md pnlitiL'al ruk. In the Asian context, political thtiu~ht came lo h1: tn1t11Hk•d in the group, not the individual. and in hicmn:hy. nut cqual1ty. As shall be dear from the dL1scrir1tio11 ol' thi.: Ctlltcxt nr thn:L· historical nets. the contact or the idem; ot' dcnwL·mcy. fret.·· dom, and equality with Asia calls liir some rcformulatiun. In line, thi:; elrnpter explains that in 1assing these ll1rcL~ ideas lhrnugh an Asian histurical t:ncmmtcr. rnlL' L',111 ant n• at l'icbl.!1 nmlticulturnl dcliliitions of sul'h scl'n1111~ly 11111- versal political ideas. Classical Asia Asia has provided an arena for all the wnrld's value sys- tems. Hinduism is the oldest. Its earliest forms wcrc similar to the religion and idt:us or the ancient tircck:i. Perhaps the Indo-Aryan invaders llf the lndiun subcun-
  • 16. ti nent effaced the smne Triple Cfoddess m errun by Jason and his Greek Argon11uts in the Black Seu city of Colchis. In any case. Hinduism emerged in the first mil· Jenni um BCE as 11 religion and political culture of conquest. Buddhism amse later as a sort of L.utl1eran relbnnation to Hinduism. ll held distinctly gentler political ideas. This gentler failh, however, was literally obliterated by Muslim Asian Political Tlumgllt • 561 invasions inlo the subcontinent that began in the 8th cen- tury CE. (Buddhism went on lo thrive in China, Japan, Korea, and Southeast Asia.) These new invaders oscil - lated between two upproaches in !heir new dominions. One was lo extenninule opposition and fon:c Islam by the sword. The other wai; to cooperate with local power groups and rule by accommodation. As it spread to Southensl Asia, Islam became more modcrule and diffuse in its ideas uml practices. In ( 'hina around the 6th century llCE, Confucianism devdopcd its own order among society, nature, and the cosmos. This onlcring ririnciple, ul' the dual forces of yin and ynng, was nn early portrait or u hisloricul dialectic sim- ilar to that in the writings or I leraclitus, l Jegcl, und Marx. Whill! ( 'onl'udanism prnpoundcd a rigidly hiernrchicul sociopnlitkal order, the "turning or the wheel" from I h1ddhism .ind the "rt.:version or the Dao" from Daoism i1HrmluL:ed the idea or redprndty. Mencius politicized the mlc or the emperor by entrusting him with the Mm1datc of I leaven, but in tying this mandate lo rcciprodty, Mencius also gave the pt.!nplc lhe right of revolution. Daoism aducd the 111ystic:il and th! mugical to this mix. For all its order, this ancient C 'hine:-.c system g.iw hirth lo II rom:111cc or prntcst, with sage-knights :11.:ting as Robin I lomls. These liilk hemes later inspired modern revolutionaries such ns
  • 17. Man Zi..•dung ( Sehwarl/, I t>H5). In this Asim1 tlranm. us in Europe. !here has been a grad- ual gnmch ll( sl!cularism. But motkrn seculari:m1 has lll'l.'I' been ,umplctcly succcssfiil in lndiu, and religion has never d11:d III C 'hi1111. ln India, religion rl!prcsc11ts ll com- pktL' ,alue system. This llca:ily religious value system, hmn.' er. did nut predutk lengthy and systl!mmic trcal- 1111.•111 or p111iti17;d qucsti1111s. Tiu: cpk M11//ahh,m11a eon- 1.1111, lung 11nhtiL'al t!ssa;·s 1111 st,ltl.'cra Ii, kingship. and n11 ll1,1ry sllalcg~. One .mdcnt text. Kautilya 's :lrtlwshustm. mtrndun::, all Mm:hiavdli's i,kas ;ibmu puliticul sur,,ivtd nH11~· th,111 a lhm1sand yl!:11s carlii:r than The flrifl<'<' cBasham. I ll~<lJ. < 'hma ,lc111t111stratcd a 1111)rc rnhust tradi- 111111 111' sc·ularism, partly bc,·imsc tinnu:ianism never r,•ally addn:s~cd the ,111est11m ti!' ( iud. Buddhism lilied this ~.:ap 1111: I i:}lahsrs a11cmptl.'d t11 plan' law as a hight'r prin- dpk of stil'.1al urdcnllJ! than cosntiL' rhytluns uf yin and yan~i Bui d;,n;1stic mkrs prd~m:d the mnhiguitics or the ,:m,rnus to th1: l'.i1ncrch: l'Ullstraints ur the law. ln C 'hina, 11111, as tn ;111 Asia, r1.•ligion stayed on lop, li1: -i11g society am.I pulitks tu thL' sum:lity. sam:tiuns. und politicul pmtcc- lltHI ur the ~.mb ( Schw.ir11. I tJX5 ). Mme than 1m lop. lhc Y.um1111 cl.Ill in .htpan proclaimed thl'llh,dH:s to he g.utls. In their :-;uccc:;s, they lmvc provided Jupan with the lungcst single line nfldngs in world history irnd 11 scnsL~ uf natkmalis111 and ethnic ic.lt::ntity thut runs very dccf1. Although "divinely" rnled, the Japanese never !MIW themselves us holding lhc gntewuy ttl heaven. They were. then, nut averse tCl btim1wing, and they k1oked to C'onfuchmism and Buddhism to order their slate and mean•
  • 18. ing system. lronfo:nlly, integn1ting this borrowing into indigenuus Shinto belie£.. became men's work. The further 562 • POLITICAL THOUGHT development of Japanese culture-its novels, ceremonies, and haiku poetry-was left to the creative talents of women. Although gods reigned, warriors m led and warred in Japan. A strong knightly code of Bushido steeled the rul- ing samurai class in the political culture of the warrior- ruler-knights (Yuzan, 1941). Meanwhile, great kingdoms arose in Southeast Asia, mostly on borrowed Hindu ideas transmitted by Theravada Buddhism from Sri Lanka (Ceylon). There was the Kingdom ofTen Thousand Elephants in Laos, Borobuddur and Bali in Indonesia, and the Khmer empire in Cambodia. The latter's capitol, Angkor Wat, is still the largest reli - gious building complex ever built. Political ideas and insti - tutions in this porous, vulnerable region were mostly Indian (the Chinese influences in Vietnam were the notable exception), but the societies of much of Southeast Asia were ethnically Malay and were held together mainly by their customa1y adat, or customs. These customs set up three social classes (a ruling aristocracy, free land holders, and slaves) bound together in a network of mutual obliga- tions and responsibilities. In this adat, property and author - ity could be held and inherited just as easily by women as by men. When the Muslims came to Southeast Asia in the 13th and 14th centuries, they had about run out their polit- ical tether and lacked the vehemence that they displayed in India. They superimposed the veneer of their sultanates on Malaya and Indonesia but were content to have the sultanates upheld by Hindu and Buddhist political princi -
  • 19. ples and by tl1e Malay social adat (Tambiah, 1976). In classical Asia, then, politics were decidedly authori - tarian, and more specifically tegal, rather than democratic. In India, nevertheless, besides just guaranteeing order, or danda, kings were obliged to promote the welfare of the people. In China, this promotion extended to the principle of reciprocity and even to tl1e right of the people to rebel. Nevertheless, freedom in classical Asia was more of a reli - gious goal than a political right: freedom from the cycle of rebirths in India and in the cultivation of an inner peace of the soul in China. Thus, in both societies, freedom was a private preserve separate from the crush of public (com- munal, religious, and political) responsibilities and duties. ln these feudal systems of Asia, these responsibilities were mainly to hierarchically ordered groups. Equality, then, was a relative value and was tied to the status and position of one's group compared with others. Any equivalence to modem Western ideas of equality could be procured only within one's group (and primarily for one's family), not outside it. Colonial Asia The conquests of Western imperialism shattered this order. Most of Asia was directly colonized. Even those who escaped direct rule--like the Japanese, Koreans, Chinese, and Thai-were still pulled into an international political and economic system dominated by Western imperial powers. Because Asian polities had unbroken insliluti<mal histories for two millennia (in some cases), punclmllcd hy their own moments of glory, the question ol' how to h<1th accommodate and account for this Western imposi1inn and superiority provoked deep soul-scan:hing among Asians.
  • 20. Nowhere was this more deeply felt than in India, which became the crown jewel of the British Empire ur 50 colonies worldwide. Some Indians embraced Western civ· ilization. The British Viceroy, Lord Thomas Macuulay, was pa1tial1y successful in creating "a class of pen.tin!>, Indian in blood and colour, but English in taste, in opinion. in morals, and in intellect" (Spear, 1961, p. 257). L,ucr. these scions were called "Brown Sahibs." In lllrtl1emncc uf this strategy, the British invested in a modern u11ivcr:s1ly system for India. A proud accompl ishmenl or tit is sysl~m was the Nobel Prize for Literature in I 9 l3 won hy the Bengali intellectual Rubindranath Tagore, writing in the King's English (Metcalf~ 200 l ). Following in the wake of the British nti were legions l!f Christian missionaries who preached their "good news" nnrd practiced their social gospel with institutions tif Slll.'.utl reform. Beyond a nationwide network of sclmols, !he) :-11.*l up hospitals, orphanages, homes for widows, lcpru:owm· ums, demonstration farms for peasant laborers, and s<l('1;1I services for outcasts. Many Hindus, nlthough leery tif Ill< "good news," eagerly took up this cause or social rcfnrm and, in the Bmhmo Samaj of the 19th century. launched their own social gospel of reform or some or the ills ,md neglects of Hinduism. Muslims displayed a split rc.ic1nin to the Empire. Since they were lndia's previous ruler,.., some resisted, and they went down to defeat in the Mulm~ of 1857. Others, such as Sir Sayccc.l Ahmntl Khan. anii.:u, lated a path of accommodation with the British, insisun~ that Islam had no objections to at least the polith!ul culturlZ of the West. Indeed, as a monotheistic "religion ur thi: Book," Islam was the more naturnl ally of this culture th;m was polytheistic Hinduism. Still othern were nol so ~ur~ of either the Hindus or the British {Pye, 19K5). It ~;1, Mohammed Iqbal--poet, theologian, aml political thcmbt
  • 21. who gave eloquent voice to a separate destiny !hr Mm,hm~ in the subcontinent (Malik, 1971 ). Although never a directly ruled colony, the reacliun m China was equally intense. Tiananmen Square in Bcijini was an architectural declaration that it wus the gateway h1 Heaven. British gunboats brought a string of military humiliations that shattered this gateway. A man who dreamed that he was the younger brother of Jesus Chri~t proclaimed a new portal and led the biwrre Taipinl:l, Rebellion of the 1850s and 1860s. The movement also preached equality for women and, at first, democracy. In its suppression, it might have been dismissed as one of those oddities of history, were it not for tho subsequent influence the rebellion had on Mao Zedong and other rev- olutionary modernizers (Ogden, 2002). Meanwhile, the Qing Dynasty, Chinn 's last, made earnest attempts at rcthnn. Western education replaced classical texts for imperial civil service examinations. Principles of constitutional democracy and parliamentary elections were introdul!cd, as were modern railroads, mili~ tary academies, and financial institutionH. ln 1911, the mixture of protest and reform exploded into a nationalist revolution and a nearly 40-ycar interregnum of ehaos. Intellectually, the boiling cuuldron of this ferment was known ns the Muy Fourth Movement. In I.he lrnmilintion of the demands of the upstart .lapuncse for the Shamlong Peninsula al the Peace Conlcrcncc at Vcrsail lcs in May 1919, Chinese intellectuals dcspcralcly cast about for :1 prescription for modern power: in the prnginalism and lib- eralism of John Dewey and the United States, in the mi li- tarism from Germany und Japan, in language rel'nrm and mass education, in physical culture and the cmtmdpalion
  • 22. of women, in the assassirrntions und eomnurncs ol' mwr- chism, and even in the communism of Karl Marx and the Bolshevism or Russia (Zhou, I %0). Then: was ferment in Southeast Asia as wdl. Pemmnts, in a series of protests a Iler World Wnl' I. decried the col - lapse of 11 trnditional social and political order guaranteed by a royalty and l'cudal rctuincrs lhut used to sali!guard their livelihoods and provide a sense of place anti security by the Mandate ol' lh:avcn (in Vietnam), tile will tif Alluh (in Malaya and lndoncsiu), the mandalu pallcm t1f pnlitks and international relations ( in Thailand und Camhmlia ), and u transl'ernl or mcril from Buddha (in Burma anti Laos). Arter an initial. if reluctunt, uccommodatiun with Western power and political institutions, these peasants and emerging intcllcctuuls searched for thdr own h:rms nf modern survival. The Cao Dai sect in Vietnam, whkh wnr- shippcd nn all-seeing cosmic eye as interpreted hy Vklor Hugo, Jesus Christ, Confucius, l.no Till, and foan uf An:. il!ustrntcd this perplexity. The mood of rcsil,!nation lo thl'sc confusing, but powerllil, outside forces was captmcd h~ the popult11· J tJth-century cpk pnl"m in Vietnam. K.mr nm Kie11. This poem was a creative remake of :rn oltl ( 'him:sc stmy nf n liliu I daughter who slays lrnc !ti her 1mtk:scn inµ folhcr in a lire of untold sulforing but stcmlfosl ticvnlmn. These r,casant protests, then. grew out ol' lh1:-.tr;itinns 1i 1.•r their dcvoli(lll lo u traditional structure that could no lunger i;ccnre this order ( Kershaw, 200 I), In Japan in IX53. the conuncrciid viiiit or the ll.S, naval communder ( 'ommodurc Matthew Purry found the Japanese nt a moment in their history when they were ready for an opening frorn the outsil.le. Their mature lcu- dal order had reached a point of stugnutitm. A knightly class of samurai undergirded an aristocracy that hdli the emperor ho::.tage, even a:. this monarchy as an insliluticm
  • 23. provided continuity, identity, and n sense of co::.mic pluce for all Japanese. In the name or restoring the emperor to real power (somwjoi), aristCJcratic modernizers overthrew this samurai-dominated regime in what was called 1he Meiji Restoration. The Meiji Constitution established a Asian Political Thm1gltt • 563 liberal parliamentary system in the name of the c11111cror. But for all this constilutiomdism, the fapancse actually modcrnizcc.l through a military path of war with China lirsl ( 1895) uml then Russia ( 1905; Gluck, 1985 ). Along with these impressive manilestations of modem power, the continued hold of samumi vnlucs, for all this Mcij i "liberalism," wus nurtured by the.: education of all Japuncse school children in rne Stm:v <!l tlw 47 Ronin, in which linal loyalty was still given to extreme profossinns of honor, in the nmnc of the cmpcrur. It was u path that tumbled Japan into World Wur [I, its grculcst national disaster (Bcncdict, 1946). The fonnent touched off by European imperialism in Asia was uot exclusively one wny. Eumpcans who had prolonged coutad with Asian srn.:ictics were ol'tcn sur- prised at what they saw. Despite their political wcuknusscs, thc:;c sm:ictics revealed sophisticated and well-articulated cultures. A lwst or scholars called "Oricnlnl ists," muny of whom had served us colonial mlministrutors, begun to trm1sl:rte hack for Eumpcun m1dicnces the ''pearls of the Orient": thc philnsophk Upam):lwcls und the twin epics, lite Me1lwhlwratll und the Ramaymw. from India, and tl1c Analects 11( C1111/iwiu.~ nnd the J.>cw d<• Jing of Luo Dzc ( Lao Tzu) from C'hinn. Thc 111,ist mnbiti11us ,1 l' these rro- jccts wai; thl.' I 11lh-ccntury "Ooldcn Bough" i,;crics of trans- lations into Fnµlisl1. sponsm·cd by I lnrvard University, of nwsl of' Asi,1 's linesl truditional work$. Thb impact, hnw -
  • 24. evcr, was nmrc llum just inlhrmntivc. tdcas Ihm, these trnnslatinns wor'ked their way into the transl:cntlcntulism of the New Fn~land liM·ati (particularly on Ralph Waldo Fmcrsun "m,crsntil"), us well us into lhc philosophic syst~·ms o!' Martin l lcidcggcr and Fl'icdrich Nictzscl1c and cwn into the 1111vcl:,; of' I krman flcssc, among others tUarkc, PN7J. l ln/<Htunatcly, some uf this nunantic "llricntulism" tumi.nl p·ncrsc. ln thi:-. disc1wcry ,11'thc deep 1.:ulll1ral ronls ,11' Asta. so1111.: Wcstcm sdmlars. partirnl.irly Uennau, bt:g.111 h1 s1.•c llwmsclvl.'s ,ls dc!>ccndants or an elite lndo- Ary,111 hru1h1:rhoud thal 1.•xtcmlcd from lhl.' Indus River hi tht• Rhme ( M ulkr, It) 19 t ( icnnan natitmal sncinlism sub- scqmmtly appr,1priatcll th!.' andeut I lrndu symhnl li.1r uni- versal hrnthcrhnnd ns the i:cntcrptcL·e lo iii; !lag, !he s,~ astil-.a At lirst lfollcrcd by this ,11tcnlio11, mrnlcrn Asi,1n inkl - kduals for their part hi.'.gun to resist this drnrnctcrizutiun of a si:p.iwtc t1ric111albm us 1ant:111m11nt to u i.:ivilizutimrnl dismiss,11 similar tn the "sep,1rntc but cquul" kg:il <lm:trine in the t Jnitcd States lhut scrvcll In perpchmlc racinl dis- crimination. Whether intdlcdual trnditions prnduuc cul- turally distinct idem, nr whether universal ideas fhrm uml recllmbinc tlu~mselvcs 11rnuml different inlellectual tnu.Ji - tions is II pervasive isi.ue of cpisternolt1gy. For the !ltudy of political though! in Ash1, however, the unfortunate effect of c,ricn1ali:.m has been to dismiss pol itic11I Lhllughl in Asia as being lou cfosely Lied to religious constructiuns to be worthy of secular analytical scrutiny.
  • 25. 564 • POLITICAL THOUGHT Modern Asia World War II (1939-1945) brought disaster to Europe. Even in victory, the power of Britain and France collapsed, and, with that collapse, their empires unraveled and their hold over Asia ended. In independence, not always easily gained, Asia was now free to find itself and define politics in ways authentic to a free Asia and to the particular set of traditional legacies and aspirations of each of its societies. In this mix of the traditional and the colonial, what set of political ideas and institutions would serve independent Asian nations still having to fend for themselves in an international system of Western creation and continued dominance? In Asia's postwar trajecto1y of growing eco- nomic prosperity and rising global political influence, answers to this question have produced rich and innovative contributions to the ongoing development of political thought per se. After World War II, all of Asia wanted to regain what Asian counh·ies saw as their lost importance in the world. Jawaharlal Nehru, the first prime minister of India, expressed these hopes for all Asians when, in his exultant Independence Day speech on August 15, 194 7, he declared, "Long years ago, we made a tryst with destiny, and now the time comes when we shall redeem our pledge" (cited in Hardgrave & Kochanek, 2000, p. 53). Colonialism, he argued, had drained the wealth and ener- gies of Asia, and now it would just flow back (Nehm, 1959). Although it certainly did not flow back right away, in the opening years of the 21st centu1y, this tryst with a recaptured Asian global importance seems well within reach.
  • 26. The Indian subcontinent, however, has been plagued by serious differences both as to how to attain an independent India and as to what it would look like. The towering fig- ures in this agony were Nehru and Mahatma Gandhi. Gandhi was the moral father of modem India. After travel- ing around India for 4 years after his return from South Africa at the age of 41 in 1915, Gandhi discovered his three themes of poverty, unity, and indepe11dence. As he made the continuation of British rule untenable, he won-ied about an India "in pursuit of Lakshmi" (wealth), freed from the moderating restraints of religion. Thus, even as he dete1mined to entrust the future course of India to Nehru, he was troubled by the younger man's Hamlet-like agnos- ticism (Gandhi, 1957), Nehru epitomized Macaulay's "Brown Sahib," and Nehru's highly cerebral autobiography, The Discovery of India (1946/1959), was really an m1iculation of his own divided soul. His professed admiration for the ancient Hindu scriptures and epics was profoundly philosophical and somewhat idealized. He prefen·ed to highlight the moments of unity and power and gloss over the divisions and wars oflndia's past. He could not bring himself to take this philosophical appreciation to a spiritual awakening. For Nehru, the influences of a secular English liberalism were too strong for this. To him, the best (ll' India lay in ii, moments of unity around a clwkravarti11, or unh·cr::;.;tj emperor, such as Ashoka, Harsha, or Akbar. lkcatbC or India's deep religious and social divides, Nchm felt that this unity could come, in modern times, only under a ~c, ular India united by Western principles of lihcrnl <lcmoc~ racy. The Congress Party was rounded with this as its cor~ credo. Unfortunately, Nehru dulled his ccom1mks h~ embracing the socialism of the British Fuhi:ms 11nd lh~ Russian Bolsheviks (he expressed a continual admimtii1ri
  • 27. for the accomplishments of the 5-year pluns of the Smil.'!t Union). Under Nehru's lcadcrshi11 as prime 1m1w,ter (l 947-1964), Lakshmi, the goddess or wt:ullh, rcmainql aloof (Nehru, 1946/1959). Although Gandhi and Nehru were the gi,mh, ,•1111:r voices arose in the subcontinent. lronknlly cm111f.!h. Mohammed Ali Jinnah, the father or mmh:rn P.iJ..1,tiln. shared Nehru's secularism cwn as he insislcd utt .1 ""r-t- rate Muslim state. 01hers in Pakistan ct1llcd for thi., ,1a1c !11 be subservient lo the Jslmnh: Shari'a. This tlni~Ml h;t~ brought the country to the brink of im11lnsiu11 o',;:f the never-healing sore ol' Kashmir and the recent rc.:rhtr.1. tions of Islamic radicalism lhm1 Al'glmnishm ,md d•.:. where in the Muslim wmld. There huvc 1-»!cll ~t,nl voices in Hinduism a.s well. The terrorism c"~m,<J B. K. Tilak heforc World Wur I and the foi.l.'.bm ul :,iubt,Jt, Chandra Bose in World War II round exprc,,u,n 111 Hindu commtmalism or !-;anlar Vullahhhlmi fl,itd, S<ltni co-prime minister in tht: lirst 2 yc.ir.. ol' imkf"Cltt!,;rt;,;,t Patel died of u heaii attack, but these :-;c·cral d1 MH" ~,~i1~.h collected into the I lindu nationalism or Mr .. l . :tlur,,i the Bharaliyu Janata Prniy, whkh is now a crn:,10,1! 11,~,i,,,i, •• r rival to the secular Congn.:ss Party, J ndia :md l',1!..1~tu1 confront each other us nuclear powl.'r,. ;m~I ,a,1,,>f-h,;r. chnkrnvartin, in this lcnxe sube~intinent. b n,• h~~.: i:i (Mehta, 1996). ln China. the lirst coherent voit:I..' tu nrlt:'11t1t· ..;i modernization out or the swirling slt;1ml, nl Fourth Movcnicnl was Sun Y,ll·scn, ht1 ,hl1.,i,,,.l1c~£ 1 min cl111yi (thrnc people's prindplci.l tit' l"'-'''l'k',. hoot!, people's rule, aml pcopk:'s na1i111rnli"m lh.: to uphold China's traditional Mandatc ul' lk.1'l'.!I lt,i:
  • 28. was translated into rural lil'c as "lm1d tu the U!lt·11" 1,H:~0;r:..: that the communists later tried to cull their 1m nl t second principle, tkmocrm;y, Sun culkd l!if ;1 to constitutional democracy in ('hinu th1,•uih 1IM:i,i stages of tutelage. In pructic<!, Sun's p-ohtn;;:il Gumnindang, could not pull it utl It hin.::b'l;d between the Christian sucial gospel of the Nt'iil Movement and an Italian-like fascism or Bill(;' ShtJ1 pline, all the while continuing in a reluclJUlOI: •~ power. Even as Sun's ideology tailed in ChtnL rl the basis for the subsequent ecunomic mime:le <m It also desctibes the long path taken by South economic prosperity and a lagged followint4, of perity to full democracy (Wells, 200 I), r I Another failure was the Hu Shih liberals, who embraced linguistic reform and lJ.S."style demrn.:rac y. This faction was discredited by President Woodrow Wilson's treachery at the Treaty of Versailles (in acquiescing to granting the Concession of lhe Slrnndong Peninsula lo Japan, mther than his public promise that it would he returned to China), even us it went on to discredit itself domestically by joining with the left-wing branch of the Guomindang in the strategic historical error of siding with the Japanese in their puppet stnlc of Manchukuo. The communists were the ultimate victors in holh the civil war with the Guomindang um] in the articulation of modern China. Although the form or government came straight from Lenin, Mm1 Zedong; frirmulaled u 110vel strat-
  • 29. egy of revolution-e•people's war an<l introdw.:ed :;cveral innovative political projects and organizations, most or them disastrous. It was Deng Xiao Ping. the architect ol" China's unprccl.!denled current economic gmwth, who reintroduced to China a pragmatism worthy or both Machiavelli and Adam Smith. This was reflected in his legendary question about the importance of the color oflhe cal as long as it could cutch mice. The credit !hr this prag- matism, however, lay in the Four Modernizations of Deng's earlier protector, Zhou Enlai, who quietly made a career of fixing many of the excesses or Mao ·s zeal. It was an uneasy Gandhi-Nehru-like relationship. and China st!I'.. fored for it- -but might have suffered more without it (Goldman, 1994). The truly novel definition or modernity in Asia came from Japan. Utterly dcl'catcd in World War 11 and under foreign occupation afterwurds { l 945 1952) fnr the lirst lime in its history, Japan, in Article IX or its new constitu- tion, outlawed war as an instn11nent ur li.ireign policy and forbade the country to have a11ything hut a minimal "Sdr- Defensc Force" as a militury institution. ls a sovereign state, in what was called the Yoshida Dm:trine, Japan placed its security in the hands of the llnitcd States and dedicated its own energies exclusively toward Cl'Olllllllil.' prosperity. Si nee then, in tile era alkr the ,.:old war, scwral intcllcctuul and political voices have gmwn rcstin.' umler this nrrungement. One popular political writer. a limnl.'r mayor of Tokyo, titled his recent hook • .lust ,'11y .'11 lo the United States. Others question the concept orrmtional· ity us an unwekomc Western transplant even us they mlil·· ulate a distinctive identity and place for Japan (Sakai, de Bary, & Toshio, 2005 ). Southeast Asia has continued to lament its strategic weakness. For nearly all Southeast Asian natkms. modem·
  • 30. ization has been :iccompanied by ou!bursls o!' imlig.cnous violence. It was convulsive in Indonesia in I 965 und again in 1998-1999. Burma, Thailand, Philippim:s, Mu layu, Vietnam, Cambodia, an<l Laos ull were wracked by immr- gencies. Except for Malaya, the United States intervened in all ofthem, massively so in Vietnam. In these struggle:;, each country sought lo define its own modem national identity in attempts to fashion integnitive polities that Asf1111 P<Jlititx,l Tlwug!,t • 565 coul<l overeome the separatist groups and ideologies fuel - ing lhc insurgencies. With most of these convulsions over by the start of the new millennium (2000 ), these countries have now endeavored to integrnte regionally. Their organi- zation, the Association of Soulh!.!ast Asian Nations, repre- sents an interesting institutional countcrpt1ise in intcniational !'elations lo the more developed European Union. Conclusion: Cultural Grounding of Concepts This considcmtion of the politicnl thought of Asia as it has responded to the three contextual challenges of the classi - cal. colnuial, and nrndcrn pcriods brings us to the question or an Asian distinctiveness regarding nwdcrn Asian con- ccplinns nl' denwcracy and its emnpaninn ideas of li·ccdom and equality. illlmugh the constitutions ol' many Asian slates, those ol' l11diu and Jap:m in particular, hear the imprint of Western ideas and institutions, lite sources or these idem; emerge from dillbrent cultures and hi:,;torical cxpcriern.:cs. Asian ones. tt rnol, although there is nothing in Asian experience or culture to preclude democracy itself: what may require ~lill'crcnl institutional expression of rhis 1irim:iple is the fundnmcntal di ffercncc hclwcen Asitt and the West over the balance between the individual
  • 31. uml !he family. In ull Asian countries. fornily anti its tics to the stnh.• and its loyalties come before the freedom lo churl individual destinies. In the West, on the other hand, indi - viduals arc cm.:ourngcd to cut loose from family tics lo frcdy chart their individual fi.irlm11.:s with mi inequalities in status dtlwr wilhin the thrnily or in the larger sncicly (nl 11.:ast in tlwnry l. This di ffcrcnl hahml'C calls for a dillcn:nt ddinitiunal rl•l:11innship uf freedom an,I etJuulity tn dclllol·ral·y. Nt1 rnic hus made this dislinctilln more clear titan I.cc Kw.in Yew, the former prillll' minister of Sinµaplln.'. wlw hils insisted that dcnu11:racy in Asia must still hi.' ~11h111dinah.· to fomily tlisl·iplinc and lhcrcliirc lllalk no apnloµics for authori1inµ the: p11blk caning or Western ;alnlcst:cnts for vandalism in the streets nfhis city (lkll. ~(J(l(I) J fcnt:l'. to dtsrnss dcmrn:r.11:y 111 Asia. Wl' need to bring utl11:r words aml Clllll'Cpls inl11 play. Jh:ally, dl·moerncy in Asia should he .i:l in a disl'Ussilln of :-.talcnafl and politi· cal authority. llu:st: bsucs. in Asia, were fticuscd on creat- ing order a11d preserving sol.'ial hiL·1-.irchy. altlmugh nil Asian polith:al li;ts!crns rccu1,1ni1cd that statccrun and political authority were he~! scrn:d hy reciprocity and the legitinmting nf 1hcir uctions in ways that earni!d public supr,ori. untl uppmval. There ,m..' cuntcxtuul gmunds, then, for th.:mocniL:y in A:.iu, but not on the sumc cguli!uriun friundations us in the Wt:st. Pye ( l lJX:'i). for example, tulks nt'dcmocracy in Asia us best urising out of u hishirical con- tcx;l of paternal authority and what he culls 11 politics <f de/H!lltlt•m·,•. Hell (2000) has pmposed an Asian bicameral legislature, willl one house bused cm popular egnlilarian 566 • POLITICAL THOUGHT
  • 32. representation and the other on knowledge, a "House of Scholars." Parenthetically, this notion brings us around the intellectual circle to Plato's insistence on ultimate rule by philosopher-kings (Lomperis, 1984). Similarly, the Westem centerpiece, freedom, needs to be recast in Asia as well Rather than all the human rights guaranteed to individuals in the West through a constitu- tional Bill of Rights and the like, freedom in Asia has been differently defined in at least three ways. First, in Asia, freedom is more of a group concept than an individual one. Indians could pursue swanlj (self-rule) against the British, but to its greatest champion, Gandhi, for indi- viduals swaraj meant more communal responsibilities to autonomous little communities (ashrams), not more indi- vidual human rights. Thus, second, freedom for the individual boils down to relative degrees of autonomy from the multilayered oblig- ations of these all-encompassing social structures. The overarching value here is responsibility. Freedom is the leftover. Daoist knights-errant and Hindu kshatriya war- riors had the freedom of battle and of strategy, but only within the parameters of their larger duties to the Heavenly Mandate in China and the cosmic dharma (duties) of their souls in India. In the Indian epic Mahabharata, the hero Arjuna was not allowed the freedom to be a pacifist and opt out of the cosmic baitle at Kurekshetra because the duty of his kshatriya caste compelled his martial service to uphold order. For women, duties were equally stark. In China, the vittues of high-class women were secured by footbinding. High-caste widows in ancient India had the "freedom" of avoiding the dejected status of widowhood or humiliating pollution of remarriage by committing suttce (self-immolation on a funeral pyre).
  • 33. Third, the fullest expression of freedom in Asia is reli - gious. In China, Buddhism offered release, or nirvana, from the world and its politics. Daoism cultivated a free- dom of the soul within the external responsibilities and rituals of Confucianism. And in India, the householder (the responsible citizen, in Western pal'!ance) could hon- orably flee to the forests, after discharging his many social and political duties, and seek moksha, the release that comes from enlightenment. Until the insertion of Western politics and ideas, freedom, in Asia, did not lie in politics. Finally, the overarching Western ethos of equality has had a strong impact on all Asian societies. Indeed, this idea became the linchpin to undennining the Western imperium itself. But even with this wave of Western egalitarianism, Asian societies retain an even more profound rootedness in hierarchy. Western ideas of equal treatment and equal dignity have woven their way into the fabric of all Asian societies. But the "rightness" of hierarchy remains (Dumont, 1970). Gandhi, for example, called members of the "untouchable" caste haxijans, or "children of God," but still supported the moral virtue of the hierarchical caste system itself. Echoes of the old Confucian hierarchy remain strong in China, as do patterns of the samurai ritual and hierarchical obligations in Japan, particularly in its unique corporate culture. Thus, equalily in Asia, with lhis hierarchical persistence, is better rendered as equity. which is a word that gives more mom for social laddern in a for - mulation of fairness and justice. Illustratively, then, in passing these three universal political concepts of democracy, freedom, and equality through the analytical prism of the historical context of Asia, we find that all Asians persist in holding onto two
  • 34. anchors. First, Asians retain a strong rrelcrence for groups, particularly the extended family, over individunls ns the primary unit of society. Second, in this preforcncc lbr groups, Asitms continue to choose a hierarchicnl ordering of these groups over any comrrehcnsive notions of l'ull social equality. The persistent hold (lf these two tinclmrs necessitates an Asian rcfonnulation or these corn.:cpt:,;, which have heretofore been defined only l'rom a Western context. Thus, the expression of individual lhicdmn or rights from the West must in Asia be tcmpcrcll by a greater consideration for group rcsronsibilities so lhat freedom in Asia is merely a relative autonomy from them. Similarly, the penchant for hierarchy in Asia imposes equity as an appropriate expression of fairness, rather than equality. Tuming to politics from these two reformulations, ,kmoc~ racy in Asia, therefore, will need lo be constrw.:tecl and expressed in political arrangements that value groups aml legitimate hierarchy. Thus, the cultural scllings of such seemingly universal politicul conccpls as dcmocrncy. free- dom, and equality achieve richer meaning and nmmcc when analyzed comparatively through their cvt1lutiun in other cultures, including those in Asia. References and Further Readings Basham, A. J. ( 1959). 111e 11·wult>r 1lw1 11·a.· l11di<1. New Yurk: Grove Press. Bell, D. A. (2000). Eas/ nwt'lx IVi•st. Prineewn, NJ: Prim:~h•n University Press. Benedict, R. (1946). 711e cl11:v.w111tlw11111111 11111/ tit,' .rnw.l: Patterns 11f'Japa11t'se c11/t11re. Bostrni: l loughton MHllm.
  • 35. Brown, D. M. ( 1954). Tlw wltitl' 11111/irc/lv: l11dlm1 puliltn1/ thought from Mwm to Ga11dlti. Berkeley: Uni•crsi1y of California Press. Brown, D. M. ( 1965). The 1wlimw/is/ 1t10'e111e111: lucliw, 1ml1t11·<1/ thought jiw11 Remade to Bltaw. Berkeley: University 111' Califomiu Press. Clarke, J. J. ( l 997). Oricmlul e11lighte11111e111: 71,e i'lll't1U11ta between Asian and Westem thought. New York: Routh:dgc. Dallmayr, F. R. (Ed.). ( 1996). Beyo11d orienla/ism: fa,c(RI' ,m n-r;,u- cultural encou11te1: Albany: SUNY Press. DeBary, W. T. (1983). The liberal tradition in China. New Yurk: Columbia University Press. DeBary, W. T., & Weiming, T. (Eds.). ( 1999). Cmifuci,mism t111d human rights. New York: Columbia University Press. Dumont, L. ( 1970). Homo hierarchic11s: The caste system and i/.v implications. Chicago: University of Chicago Press. Gandhi, M. K. ( 1957). An autohiogmphy: The story r1/'111y cxper- imem.1· with tnnh. Boston: Bi.:uctm Press.
  • 36. Gluck, C. ( l 985) . .Japan:~ modem myths: Ideology in t/1(' luJc• Me(ji period. Princeton, NJ: Princcto11 U11ivcr:d1y Press. Goldman, M. ( 1994 ). Sowing the .1'el•ds r!f' demo(.'l'lll'.V i11 ( 'hi11a: Political reJbrm in the Deng Xi110pi11g ern. Camhridgc, MA: Harvurtl l)nivcrsity Press. Hall, D. L., & /mes, R. T. ( l 999), 171,• de11werac:v of' th(' d(•ad: Dewey, Co11/i1d11s, al/Cl the hop<' Jiir tlc11101·1·ac:F in C'l,ilw. Lt1sullc, IL: Open Court. Hardgrove, R. L., & Km:hunek, S. /. (2000). Indio: Uow,·11111<•111 mu! polilic.1· in a dewlopi11g 1wlio11. Fort Worth, TX: Harcourt Brace. Jansen, M. B. ( 1995) . . Japan 1111d ifs worltl. Princeton. NJ: PrinccU1n University Press. (Original work published 1975) Johnston, /. (1998). 01/t11ral realism: Strat,•gh' c11/111r,• am/ grand strategy in Chim•s1• ltistm:v. Princeton, NJ: Prim:elon University Press. Kelley, D .• & Reid, A. (Eds.). (1998 ). Asitm/i·cet!oms: 1111' id,·a q/' .fi',•1•do111: Hast 1111d So11th<•ust .•lsia. { 'amhridge, l JK: Cambridge University Press. Kcrshnw, R. (2001 ). Mo11arehy i11 Srmth Hast A.1·ia: 711,· /ia·,·.1· 11/ tradition ill 11w1.1·itim1. Nt.·w York: R1,utlcdg;c.
  • 37. Levenson, J. R. ( 195H l %ll ). ( '011/i1cic111 ( 'hina wit! it.,· lll!iclcm .fc1te (Vols. I 3 J. Berkeley: University or ( 'nli fornia Press. Lompcris, T. J. ( 1984). lli11d11 i11flut.•11c,• !ill G1i•t•k 11hi/os1111hr: 7'/,c• m(vssc:1• o( tlw soul .fhm1 tltt• Upm1isliml, 10 l'/<lro. Culculla, lmlia: Minerva. (Rcpuhlish1.:d I.Ill the lntern,:t hy hlealndia.Com, 2007.) Malik, H. (Ed.). ( 1971 ). Ic1h11/: Pwt-philo.Wfl/lL'I' of /'a/..ist1111 New Yol'k: Columbiu University Press. Murshull. S. J. (2002). '!11t• 11w11da/t• o(hca1•,•11: !Jidtl,•11 ltiwur1· i11 1!1t• I Chi111;. New York: Columbia l lniwrsi1y Pre~,. Mchln, V. R. ( J9W1). /.'oumlalitm.v oflndiw, f'Olirii·ul thnuglu: Au i11i<'l'/ll'd11tio11 (/i'lim ,Wwm ro tlw pn•s1•11t dar/. ( 'olmnhia, MO: South Asia Books. Meteull~ T. R. (2001 ). lde11/ogh•s o/1/1(' ll11j l'mnhridµc. PK: Cambridge I lnivcrsity Press. Asian Political Tlwugltt • 567 Muller, M. ( J 9 I 1)). /11tli11: What cw1 it Wach ll.1'? London: Longmans, Orccn. Nehru. J. ( 1959). 11ic di.1·cm1my c!f' India. Garden City, NY:
  • 38. Doubleday. (Originul wmk published 1946) Nm1hro1l, F. S. C'. ( 1946 ). Tlw llll'l.!WIJ.! q(East and Wi.•st, m1 inqui1y c1>11ct•r11i11g wor/c/ wulel'stmuli11g. Ni.:w York: Mucmillan. Ogden. S. (2002). /J1W11gs c!f' dr11wcral'.V ill China. Cambridge, MA: llarvanl University Press. PC'!TY, E. J. (2001 ). Clwll1.i11gi11g the mamlate o/'heave11. Armonk, NY: M. Ii, Sharpe. Pye. l,. W. ( l 985). Asian tmW(!I' and politic.I'. Cmnbridgc, MA: Belknap. Radhakrishm111. S .• & Mrnirll, C. /. (Eds.). ( 1957). A srmn•ebook in /11di1111 1il1iloso1,h.1•. Princeton, NJ: Princeton University Press. Sakai. N., de Bary. B., & Tm,hio, I. (lids.). (2005). /)econstmcti11g 11111io11ali(i: Ithaca, NY: Corndl University Press. Schwan1., ll. I. ( l 9H!'i}. TIil' 11·odd ,,( thot1}{/I( ill a11dent C/Ji1111. t'amhridgc. MA: Ilmvanl University Press. Sci'<'II mili1r1r1· df/.1·.,·h ·s o(andem ( 'l,i11a. 77/('. ( 1993 ). (R. D. Sawyer, Trans .. with tvl.-c. I .. Sawyer). Boulder, ('O: Wustvicw
  • 39. Pn:ss. SpL•;u·. P. ( 1 % I). /11tlia: A 11111dt•n1 histm:1•. Ann Arbm: University of' Mkhi~an Press . Tarnhiah. S . .I. ( t •l7(1 ). IViirld Ctl//Cfll<'ml' 1111d world 1t•1w1111nu·: 11 .,111,fr 1i/llmldhis111 am/ J'olily in Tlwilaml. Cambridge, UK: Camhridµc llnivcrsily Press. Tudu:r. R. ( ·. ( 1:t1. ). ( 1972). 77w Marx-/:'11gd.1· 1i•adt•1: New York: W W. Nmtnn. Wells. A. I 2110 l ). T/tt' 110/itiml t/wug/11 r!(S1111 lilt- St>11. New York: l'aliiravc. Wit!liigcl. K. A. t I '1!'i7). Orit•111,,i dt•.vp11fi.1·m. New lluvi:n, CT: Yak U11iv1crsity Press. Yu1.m. !). 11 11.11 }. fht· rm/t• 11/lht• .v1111111mi ( A. 1.. Sudler. Trans.). Rull.ind, VT: Charles I:. Tulllc. /hm1. ( 'c11111ii. I l '1(1(1). TIit' Mai· l·'u11nh IIIO't'lllt'!I(: /111el/{'ct1111/ r,·rnl11t11111 ill mml,•m ( 'hiua. Stauford. ( 'A: Stanford I iniwrsi1y Pre~,,
  • 40. 71 2. The KURUKAN FUGA Charter: An example of an Endogenous Governance Mechanism for Conflict Prevention, by Mr. Mangoné NIANG, Director of CELTHO/UA. One of the first known texts on municipal organization in our sub-region, the Kurukan Fuga Charter, is being rediscovered today not only by those who work in the field of oral tradition, but also by those who want to go back to the origins of political thought in Africa. The researchers interested in this text included, first of all, historians (and also the Jelis, or scholars of tradition, who are experts trained in western history of traditional); followed by text theorists, jurists, environmentalists, and even philosophers††, although as an art of thinking inherited from Greek culture. Our special interest in this document is not based on the fact that it has drawn the attention of many experts: we all know that an oral text is a complete text or, as those who are responsible for conceptualizing it say, a holistic text. We generally find in it not only a global vision and an esthetic quality, but also methods of managing nature as well as a legal code to guide relations between communities and their members. Oral tradition also has many texts that convey medical procedures for relieving human physical suffering. The exception is in the fact that the Charter is a major document for traditional mediation, thereby underscoring, and perhaps that is what makes it
  • 41. contemporary for us, a legislating spirit in African societies of the 13th century. Consequently, one could ask an ethical and practical question: If Africans of that period sought to settle disputes through negotiation, why not us? This question also tends to dismiss some objections rising here and there to the validity (breaking down myth and reality) of the Charter today. If indeed the Charter can have serve some purpose in our lives today, then it would be absurd not to draw from the document. Africa is frantically looking for solutions that can best resolve its crises. This is a practical argument that should convince all schools of thought. As for the other aspects, which are certainly more profound, they concern our desire to develop our own historical awareness, as well as the destiny we want to choose for ourselves. Preserving our historical memory helps restore meaning; this is what people all over the world are asking today. Epistemological works have finally shown that the caesura between tradition and modernity is difficult to establish (and this is based on the simple fact that one exists in the other) and that we are free not to accept, in Nietzsche’s demystifying word, illusions intended to fool our lucidity. Another of the Charter’s values is that it has been able to be interpreted by all ages, through memories, despite the instability of an oral text (although if presented and repeated, some oral texts eventually take on stable forms, and the only aspects
  • 42. that change are those which depend on the Jeli’s performance). This means that the Charter exists: • within the enormous Manding corpus: there are as many versions as presented by Jelis throughout the centuries; it is a text among others, which all represent what could be preserved, within this pluralist space, as memory, stories or ways of life; †† A Professor of Cheikh Anta Diop University in Dakar has included the Charter in his Political Philosophy course. 72 • in Prof. D. T. Niane’s work, which has today become a classic, “Soundiata ou l’épopée manding”‡‡. One of the last chapters is entitled “Kurukan Fuga or sharing the world”. We know that the work is a written version of the narrative provided by a Jeli to the eminent Guinean historian. (It is not by accident that this book, commended by all and translated into several languages, is a major work. As it supports the saying that one can sing well only on the branches of his own genealogy, it launches the break of post-independence African
  • 43. historians by introducing other types of testimony, shows what the Jelis think of their own stories, and brings the text as close as possible to reality, a problem that would resurface in debate, initiated by African philosophers, on “ethno-philosophy”) ; and • in various surveys conducted by researchers of all generations (in particular Youssouf T. Cissé, A. O. Konaré, S. Kouyaté, Fodé M. Sidibé, etc§§. This is all that some of us knew about the Kurukan Fuga Charter before the meeting between the Kankan’s traditional and modern communicators. During this meeting, Jelis from several African countries each presented the provisions of the Charter and subsequently agreed on a final version. This is the version that was collected and recorded in the digital data bank of the Niamey Centre***. It should be noted, however, that the Kurukan Fuga Charter was not created, ready for use, by those who in 1236 participated in the meeting in Kangaba (current Mali). It was created after a bloody war between populations, who finally became very close. It is also the result of a process, begun with “Mandé Kalikan” (The Mande Oath) that governed hunters’ way of life at that time. The Kurukan Fuga Act, which came at the
  • 44. height of Sundiata’s power, was the celebration of a legal code, broadened and more detailed, which from that moment had the force of law for all the community groups of Mandé. The provisions of the Act concern the municipal organization, as well as property management and nature. While some of them are in contradiction with our current principles (for example, provision 15 : “Never beat a married woman unless you have tried unsuccessfully tried to get her husband to intervene”, or provision 17 : “Lies that have been told for 40 years should be considered as truths” or again provision 41 : “Kill your enemy, do not humiliate him”); there are others (for example, provision 5 : “Every person has the right to life and to preserve his physical integrity… “) that are consistent with current concerns. Once again, the text should be understood within the context that it was conceived: wars of all types, lack of human dignity ‡‡ Djibril Tam sir Niane : Soundiata ou l’épopée m anding, Editions Présence Africaine, Paris 1960 (English translation: D. T. Niane, Sundiata : An Epic of O ld M ali, translated by G . D. Pickett, Longm ans, London, 1965). §§ M ost of the works of Y. T. Cissé have been published in Editions Karthala, in Paris; A. O . Konaré, « La notion de pouvoir dans l’Afrique traditionnelle et l’aire culturelle m anden en particulier », Le concept de pouvoir en Afrique, col. « Introduction à la culture africaine », n° 4,
  • 45. Editions UNESCO , Paris 1981; S. Kouyaté, Le cousinage à plaisanterie, notre héritage com m un, Editions G anndal, Conakry 2003. The works of F. M . Sidibé will be published soon. *** cf. site du Bureau UA-CELHTO de Niam ey : www.africa- orale.org 73 and values, slavery, etc. And, in this fragmented world, there was a strong desire for law and order, with long and tremendous effort to create a new conciliatory and legislative spirit – the same effort then and today – that would strike a balance between differences through social negotiation. Provision 7 introduced the sanankuya (known today as “kinship of pleasantry”, “joking cousinship” or “congenial relationship”) among the members that formed the Mandé communities. Very early on, various works identified the “sanankuya” in most African societies. As a mechanism for dispelling disputes by miming or dramatizing them, the sanankuya is still very much alive in many of our countries today. An African writer recently gave it a literary dimension: story of the Peulhs narrated by Sérères†††. It exists among surnames, ethnic groups, age groups, families, villages and, through correspondence of surnames, between countries. Although we
  • 46. know little about it, the sanankuya played a key role, through the mediation by Sorry Kandia Kouyaté (commissioned by the Guinean Head of State at that time), in resolving the conflict between Mali and Upper Volta (now Burkina Faso) in 1975. “What built up Mandé? War! What broke down Mandé? War!” - this is what Jelis of Mandingue tradition continue to proclaim today. It is with this idea that societies have said, and said again, and repeated once more, we need to seek the origins of this founding document, the Kurukan Fuga Charter, or to echo Mr. Foucault’s idea of the document as a monument. ††† T. M onénem bo, Peuls, Editions du Seuil, Paris 2004. 74 ANNEX 1 : THE CHARTER OF KURUKAN FUGA The Charter of Kurukan Fuga, re-published here, is a version collected in Guinea at the end of a concerting regional workshop between traditional and modern communicators (Kankan: 3- 12 March 1998). The traditionists are those who declined the text; then it has been transcribed and translated, with the help of Guinea linguists and under the supervision of Mr. Siriman
  • 47. Kouyaté – Magistrate and traditionist (his family is guardian of the Sosobala, in Niagasole, Guinea). Afterwards S. Kouyaté structured The Charter, without falsifying the essential point, talking here about the modern juridical texts with a view to make it readable for contemporaries (the original text in Malinke is available on the digital data bank ARTO). The text of the Charter is followed by explanatory notes (Annex 2) prepared by Mr. Siriman Kouyaté. People who took part in the meeting in Kankan: 1. Traditional communicators : • Siaka Kouyaté, Niagassola, Siguiri (Guinea) • Lamine Kouyaté, Loïla, Mandiana (Guinea) • Damissa Sékou Diabaté, Siguiri (Guinea) • Koulako Touré, Faranah (Guinea) • Mamady Kante dit Konkoba, Dinguiraye (Guinea) • Old Koita, Kérouané (Guinea) • Sekouba Condé, Dabola (Guinea) • E. Oumar Camara, Kankan (Guinea) • Abdoulaye Kanouté, Tambakounda (Senegal) • Siriman Kouyaté, Niagassola, Siguiri (Guinea) 2. Other communicators and participants: • Alpha Kabiné Keïta, General Director of Rural Radio (Guinea) • Mamady Kanté, Journalist, Rural Radio of Kankan (Guinea) • Mamadou Lamine Doumbia, Journalist, Radio of Tambacounda
  • 48. (Senegal) • Saa Bédou Touré, Journalist, Rural Radio of Kankan (Guinea) • Louis Millogo, Professor, Université de Ouagadougou (Burkina Faso) • Fatoumata Bamba, Journalist, Rural Radio of Kankan (Guinea) • Bernard Feller, Director, Intermédia Consultants, S.A. Berne (Switzerland) • Lansana Condé, Professor, Université J. Nyerere, Kankan (Guinea) • Souleyman Condé, Journalist, Rural Radio of Kankan (Guinea) • Amadou Baba Karambiri, Journalist, Rural Radio of Bobo- Dioulasso (Burkina Faso) • Mangoné Niang, Director, UA-CELHTO, Niamey (Niger) • Cheikh Oumar Camara, Journalist, ORTG, Conakry (Guinea) • Neguedougou Sanogo, Educationist, School Radio, Bamako (Mali) 75 THE CHARTER OF KURUKAN FUGA 1. The Great Mande Society is divided into sixteen clans of quiver carriers, five clans of marabouts, four groups of “nyamakalas” and one group of slaves. Each one has a specific activity and role. 2. The “nyamakalas” have to devote themselves to tell the truth to the chiefs, to be their
  • 49. counsellors and to defend by the speech the established rulers and the order upon the whole territory. 3. The Morinkanda Lolu (the five clans of marabouts) are our masters and our educators in Islam. Everyone has to hold them in respect and consideration. 4. The society is divided into age groups. At the head of each a chief is elected. Belong to the some age-group the people (men or women) who are born during a period of three years in succession. The Kangbès (members of the intermediary class between young and old people) should be invited to take part in taking important decisions concerning the society. 5. Everybody has a right to life and to the preservation of its physical integrity. Accordingly, any attempt to deprive one’s fellow being of life is punished with death. 6. To win the battle of prosperity, the Kön¨gbèn Wölo (the general system of supervision) has been established in order to fight against laziness and idleness. 7. It has been established among the Mandenkas, the
  • 50. sanankunya (joking relationship) and the tanamanyöya (blood pact). Consequently any contention that occurs among these groups should not degenerate, the respect for one another being the rule. Between brothers-in-law and sisters-in-law, between grandparents and grand-children, tolerance and rag should be the principle. 8. The Keïta’s family is nominated reigning family upon the empire. 9. The children’s education behoves the entire society. The paternal authority in consequence falls to everyone. 10. We should offer condolences mutually. 11. When your wife or your child runs away stop running after her/him in the neighbour’s house. 12. The succession being patrilineary, do never give up the power to a son when one of his fathers is still alive. Do never give up the power to a minor just because he has goods. 13. Do never offend the Nyaras. 14. Do never offend women, our mothers.
  • 51. 76 15. Do never beat a married woman before having her husband interfere unsuccessfully. 16. Women, apart from their everyday occupations, should be associated with all our managements. 17. Lies that have lived for 40 years should be considered like truths. 18. We should respect the law of primogeniture. 19. Any man has two parents-in-law: the parents of the girl we failed to have and the speech we deliver without any constraint. We have to hold them in respect and consideration. 20. Do not ill treat the slaves. You should allow them to rest one day per week and to end their working day at a reasonable time. You are the master of the slaves but not of the bag they carry.
  • 52. 21. Do not follow up with your constant attentions the wives of the chief, of the neighbour, of the marabout, of the priest, of the friend and of the partner. 22. Vanity if the token of weakness and humility is the one of nobility. 23. Do never betray one another. Respect your word of honour. 24. Never do wrong to foreigners. 25. The ambassador does not risk anything in Mande. 26. The bull confided to your care should not lead the cattle- pen. 27. The young woman may be eligible to marry as soon as she reaches puberty no matter her age. Her parents' choice must be respected no matter the number of candidates. 28. The young man can get married from 20 years old. 29. The amount of the dowry is 3 bovines: one for the girl, two for her father and mother.
  • 53. 30. In Mande, the divorce is tolerated for one of the following reasons: the impotence of the husband, the madness of one of the spouses, the husband’s incapability of assuming the obligations due to the marriage. The divorce should occur out of the village. 31. We should help those who are in need. 32. There are five ways to acquire the property: the buying, the donation, the exchange, the work and the inheriting. Any other form without convincing testimony is doubtful. 33. Any object found without known owner becomes common property only after four years. 77 34. The fourth bringing forth of a heifer confided is the property of the guardian. One egg out of four is the property of the guardian of the laying hen. 35. One bovine should be exchanged for four sheep or four goats. 36. To satisfy one’s hunger is not a robbery if you don’t take away anything in your bag or your
  • 54. pocket. 37. Fakombè is nominated chief of hunters. He is responsible for conserving the bush and its inhabitants for everyone's well-being. 38. Before setting fire to the bush, don’t look at the ground, rise your head in the direction of the top of the trees to see if they don’t bear fruits or flowers. 39. Domestic animals should be tied up during cultivation and can be let loose after the harvest. The dog, the cat, the duck and the poultry are not bound by the measure. 40. Respect the kinship, the marriage and the neighbourhood. 41. You can kill the enemy, but not humiliate him. 42. In big assemblies, be satisfied with your lawful representatives and respect one another. 43. Balla Fassèkè Kouyaté is nominated big chief of ceremonies and main mediator in Mande. He is allowed to joke with all groups, in priority with the royal family.
  • 55. 44. All those who will transgress these rules will be punished. Everyone is bound to make effective their implementation. 78 ANNEX 2 : EXPLANATORY NOTES I - About the social organization The classification of the Mandingue society is worth some explanation. The stratification established by the Charter is nothing more or less than the work division among the different components of the society. This division far from being arbitrary has rather institutionalized a State as a matter of fact in precising may be a bit more the roles and attributes. The Charter has divided Mandingue society into two big categories: the free men and the slaves. A - The free men “horon” They are subdivided into: 1 - Sixteen (16) clans of quiver carriers or “ton ta jon”: they are those who carry bows and arrows. The warriors who should defend the territorial integrity
  • 56. of the Empire were recruited in this group which is composed of the following clans: Traoré, Condé, Camara, Kourouma, Kamissoko, Magassouba, Diawara, Sako, Fofana, Koïta, Dansouba, Diaby, Diallo, Diakité, Sidibé and Sangaré. 2 - Four (4) princely clans which are: Koulibaly, Douno or Soumano or Danhou or Somono, Konaté and Keïta. Even if the Keïta were entrusted with the destiny the Empire, the other clans which have with them blood ties, are considered as princely. 3 - Five (5) clans of marabouts, in charge of being the educators and the teachers in the teaching of the new religion. They are the Cissé, Bérété, Diané and Sylla, or Koma. 4 - Four (4) groups of “nyamakala” : literally, nyamakala means “who challenges all the interdicts” ; “nyama” means maleficent occult power in Mandingue language and “kala” means in the present context wariness, limit, immunity, antidote. The nyamakala those who can challenge all the interdicts, are divided like this: a) The Jeli : they are depositaries of the traditions – archives, the master of the word, the counsellors of the kings, the artists and the musicians. They have at their head the Kouyaté and the Diabaté. In the course of time, the jeli became a kind of congregation
  • 57. which can be joined by everyone who holds the rules in respect. That is how nowadays; belong to this class Keïta, Condé, Kanté, Kourouma, Koïta, Touré, Diawara, etc. b) - The Fina and Finè, other non musician librettists specialized in the mediation. They are especially the Camara. 79 - The Numun fin, working the iron and its derivatives to make tools of any sorts. Their wives make pottery. - The Siaki, working precious metals, gold and silver to make jewels. - The Kule, working the wood to make art articles: for example the sculptors. c) The Numun or blacksmiths are essentially composed of the clan of the Kanté, Camara, Kourouma. d) The Garanke are the masters of the leather and of the weaving. The shoemakers and the weavers are within this group. Some of them are specialized in the making of the harness for horses and of the cushions, they are “sake”. The Garanke are essentially the Sylla. But other clans have joined them.
  • 58. As you can notice it, several clans find themselves in more than one class. That is not surprising when we know that as the ages go by particular events can overturn so many structures. These four groups of nyamakala were much feared. They cannot be reduced to captivity; the other classes owed them circumspection, gifts and subsistence. As Amadou Hampaté BA said it in his book “Amkoullel, the Fulani Child” (1992 : 522): “Each function corresponded to a specific initiatory way. To keep their pureness, these groups formed through the endogamy and certain sexual interdicts closed hereditary groups. Here, there is not this notion of untouchability or of inferiority that certain people now show towards them”. The twenty-nine classes, of which I have just made a succinct description of the activities, are the free men or “horon”. B - The slaves: Before the advent of the Empire, the slavery as a trade has drained an important part of the kinetic energies from the Mande. This practice is forbidden by Soundiata, as well as the conditions of the domestic slavery have been softened. There were two categories of slaves: 1 - Free men and women captured during wars and reduced in slavery, those who were bought and who, because of that moved from one master to another : mina jon (caught
  • 59. slaves) and san jon (bought slaves). 2 - The offspring of the first ones, born in the master’s house: they are the wossolo what literally means : “of the house”. The wolosso could only be employed or freed; the master could not sell them. Most of them assimilated themselves in the end and took the patronymic of their masters. The statement 20 of the Charter pointed out the condition of the slaves by humanizing it. 80 The statement 4, in dividing the society into age-groups, has brushed aside all the prejudices associated to the conditions of the ones and the others. Actually, are they quiver carriers, princes, nyamakala, marabouts or slaves, all those who belong to the same age-group should observe the same rules without sex distinction. Together they discussed their problems, each one playing the role the society entrusted him/her. The Kangbès were the link class between the ancients who managed the city and the teenagers who were the secular arms of it. They took part in the taking of big decisions and then informed younger people.
  • 60. The statement 6 has established a sort of general supervisors who, at a certain time of the day, checked in all the families in order to catch the idle and lazy people and make them take the way to the fields and the workshops. The contraveners were denounced before the ancients’ council. This practice has contributed effectively to the prosperity of the Empire. The “sanankunya” and the “tanamanyöya “ or joking relationship which is the object in the statement 7 of the Charter has been established among the Mandenkas user friendly relationships more or less strong according to the case, but which all contribute to the culture of tolerance and peaceful coexistence. The joking relationship, as Mr. Raphaël N’Diaye names it so eloquently, was not an invention of the Kurukan Fuga, but the Charter has institutionalized it. II - Rights and Duties At the statement 11, the respect neighbours owe to one another has been almost considered sacred. Whatever can be the mistake made by one of the members of your family, since the latter goes to find shelter in your neighbour’s house, you don’t have any more the right to punish him/her for this mistake. You should abandon and erase from your memory the offence made to you. At the statement 13, we can read “Do never offend talented men”. They belong to the
  • 61. nyamakala, the jeli and the fina. These masters of the word are the appointed mediators; any offence should not be made towards them in the accomplishment of their activities which aim is nothing but the extinguishing of conflicts and wars. At the statement 17, it is a kind of prescription the society puts to statements everybody considers as true during a certain time and which cannot be denounced any more after that period fixed as at 40 years. The law of primogeniture is in the African societies an indefeasible right. We should owe respect and obligations to someone older than we, whatever his/her social status or his/her wealth can be. 81 Within the family, this right is so strongly rooted that a common saying states the following: “we can be older than our father or our mother but never be older than our elder brother”. Understand by father and mother the uncles and the aunts (statement 18). The statement 21 reveals the adultery in general because in moving aside the wives of the six groups mentioned in the text, there are no more wives to pay court to.
  • 62. The statement 23 symbolizes the sense of honour and of the dignity, values dear to the Mandenka. Stabbing an enemy, using shilly-shallying instead of taking a courageous decision, not facing an occurrence, are considered as cowardice. It is better to refuse, even if I should stand the consequences, than accepting and betraying after. From which the main motto of the Almamy Samory Touré: “When the man refuses, he says no”. The statement 24 makes it an obligation for everyone not to do wrong to foreigners. This Article is included in the Charter in gratitude for the hospitality Soundiata Keïta himself has been offered during his exile for seventeen years. So, the foreigner is like a king in Mande, he is tolerated, protected and defended. Besides, it is said that the foreigner has big eyes but he can’t see. That’s the reason why certain mistakes he makes are not attributable to him. He is supposed to ignore. The statement 25 attaches immunity to the ambassador, who only passes on a message of which he is not the author. He should not be punished. This notion is found in the Article 29 of the Vienna Convention dated 8 April 1961 which protects the diplomats against penal actions in the States they are accredited. By extension, the diplomatic premises profit by the notion of extraterritoriality therefore inviolable. The statement 26 is a picture, a metaphor that protects the foreigner. The entrusted bull is
  • 63. unfamiliar to the cattle pen. In entrusting him to lead the cattle pen, he can lead the herd to the wrong place. In the same way, the foreigner should not be appointed at the functions of management of a locality but if so only after a long training time. The statement 30 deals with divorce. So, three peremptory reasons are considered as being able to motivate the divorce by the request of one of the spouses: • The impotence of the husband ; • The madness of one of the spouses ; • The incapacity of the husband to assume the obligations due to the marriage. These obligations are: food, dressing, care taking, the conjugal duties and consideration due to parents-in-law. The Mandenka considered that the divorce is a situation so serious so that it should be pronounced far away from the city. The statement 41 is not a formula inciting to the murder. It only means that if you should kill your enemy, kill him but it is absolutely forbidden to you to humiliate him. 82 About goods:
  • 64. The statement 36 deals with the fact of being in need as it is stated on the penal right. In the context of the Charter, are only concerned fruits pendent or picked up, crops in the fields which can be eaten. We can eat as much as we can but we should not put some in our bag or in our pocket, otherwise it would be a robbery. About the preservation of the nature: The statement 38 draws the attention on the flowers and the fruits we can find on the top of the trees. They should not be burnt. Besides we should mention that bush fires were one of the infringements still punished with the sentence of death being anxious to preserve the nature the way it is. Final provisions: The preponderant place acknowledged to Balla Fassèkè Kouyaté and through him to all talented men in the statement 43, is not fortuitous. It is understandable fundamentally through the role he played in the big events the Mande went through. Balla Fassèkè Kouyaté is the one who, with courage and determination, told Magan Soundiata quite plainly what other people thought deeply. He was the one who, with the right words and tune, succeeded to calm down the Emperor in the difficult contexts, since life is not only made of lucky days.
  • 65. The secret of the greatness of the Mande has been their cohesion. This cohesion has been kept in a large measure by men and women who, most of the time in the anonymity, recalling the Mandenka the principles that funded the Mandingue nation. The immunity of speech given to Balla Fassèkè Kouyaté and to his descendants enabled the successive generations of tradition guardians to play their role of conciliators and of mediators in the society. Even now, if the data have changed the substrate still remains, deeply rooted in the values of Mandingue civilization. Conclusion: For all the statements of the Charter, the expressions: “do, do not”, are style clauses which restore as faithfully as possible the mind of the authors of the text. But what is expressed in the forty four statements is for and is imposed on all the inhabitants of the Mande who are responsible for their implementation. Chapter 4: Collection of Crime Scene Evidence
  • 66. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Crime Scene Evidence • As automobiles run on gasoline, crime laboratories “run” on physical evidence. • Physical evidence encompasses any and all objects that can establish that a crime has been committed or can provide a link between a crime and its victim or a crime and its perpetrator. • But if physical evidence is to be used effectively for aiding the investigator, its presence first must be recognized at the crime scene laws. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Crime Scene Evidence Forensic science begins at the crime scene. • If the investigator cannot recognize physical evidence or cannot properly preserve it for laboratory examination, no amount of sophisticated laboratory instrumentation or technical expertise can salvage the situation. • Here, investigators must recognize and properly preserve evidence for laboratory examination. • It must be emphasized that the techniques of crime-scene
  • 67. investigation are not difficult to master and certainly lie within the bounds of comprehension of the average police officer. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Physical Evidence • Physical evidence encompasses any and all objects that can establish that a crime has or has not been committed or can provide a link between a crime and its victim or a crime and its perpetrator. • But if physical evidence is to be used effectively for aiding the investigator, its presence first must be recognized at the crime scene. • If the investigator cannot recognize physical evidence or cannot properly preserve it for laboratory examination, no amount of sophisticated laboratory instrumentation or technical expertise can salvage the situation. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Types of Physical Evidence Blood, semen, and saliva Documents Drugs
  • 68. Explosives Fibers Fingerprints Firearms and ammunition Glass Hair Impressions Organs and physiological fluids Paint Petroleum products Plastic bags Plastic, rubber, and other polymers Powder residues Soil and minerals Tool marks Vehicle lights Wood and other vegetative matter
  • 69. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Procedures for Collection Often, many items of evidence are clearly visible but others may be detected only through examination at the crime laboratory. For this reason, it is important to collect possible carriers of trace evidence, such as clothing, vacuum sweepings, and fingernail scrapings, in addition to more discernible items. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Procedure for Collection • Investigators handle and process physical evidence in a way that prevents changes to the evidence through contamination, breakage, evaporation, accidental scratching or bending, or through improper or careless packaging. • The use of latex gloves, disposable forceps, and sanitized equipment reduces the chance for contamination. • Whenever possible, one should keep evidence in its original condition as found at the crime scene.
  • 70. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Packaging Each different item or similar items collected at different locations must be placed in separate containers. Packaging evidence separately prevents damage through contact and prevents cross- contamination. The well-prepared evidence collector will arrive at a crime scene with a large assortment of packaging materials and tools ready to encounter any type of situation. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Packaging • Disposable forceps and similar tools may have to be used to pick up small items. • Unbreakable plastic pill bottles with pressure lids are excellent containers for hairs, glass, fibers, and various other kinds of small or trace evidence. • Alternatively, manila envelopes, screw-cap glass vials, or cardboard pillboxes are adequate containers for most trace evidence encountered at crime sites.
  • 71. • Ordinary mailing envelopes should not be used as evidence containers because powders and fine particles will leak out of their corners. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Packaging Small amounts of trace evidence can also be conveniently packaged in a carefully folded paper, using what is known as a “druggist fold.” Evidence from arson scenes should be packaged in airtight metal or glass containers to prevent the loss of accelerant vapors. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Packaging • If biological or bloodstained materials are stored in airtight containers, the accumulation of moisture may encourage the growth of mold, which can destroy the evidential value. • In these instances, the material should be allowed to air -dry before being packaged in wrapping paper, manila envelopes, or paper bags. • Contamination is a key concern during the collection of DNA-
  • 72. containing specimens such as blood, saliva, sweat or skin cells. Contamination can occur either by introducing foreign DNA through coughing or sneezing onto evidence or if items of evidence are incorrectly placed in contact with each other during packaging. • To prevent contamination, the evidence collector must wear a face mask and use disposable latex gloves and disposable forceps when collecting evidence that may contain DNA. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Chain of Custody Chain of Custody: a list of all persons who came into possession of an item of evidence. • Continuity of possession, or the chain of custody, must be established whenever evidence is presented in court as an exhibit. • Adherence to standard procedures in recording the location of evidence, marking it for identification, and properly completing evidence submission forms for laboratory analysis is critical to chain of custody. • This means that every person who handled or examined the evidence and where it is at all times must be accounted for. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved
  • 73. Obtaining Reference Samples Standard/Reference Sample: Physical evidence whose origin is known, such as blood or hair from a suspect, that can be compared to crime-scene evidence. • The examination of evidence, whether it is soil, blood, glass, hair, fibers, and so on, often requires comparison with a known standard/reference sample. • Although most investigators have little difficulty recognizing and collecting relevant crime-scene evidence, few seem aware of the necessity and importance of providing the crime lab with a thorough sampling of standard/reference materials. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Submitting Evidence • Evidence is usually submitted to the laboratory either by personal delivery or by mail shipment. • Care must be taken in packaging evidence that will be sent by mail in order to prevent breakage or other accidental destruction during transit to the laboratory. • Most laboratories require that an evidence submission form accompany all evidence submitted. Case information provided on this form enables the laboratory analyst to make an intelligent and complete examination of the evidence.
  • 74. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Crime Scene Safety Crime scenes frequently present the investigator with biological specimens of unknown origin; the investigator has no way of gauging what health hazards they may contain. One must use caution and protection at all times. The Hot zone is the active crime scene area, which means contaminates and probable evidence exists in this region. In the Hot zone, all Crime Scene Technicians should be suited up with Personal Protection Equipment, also known as PPE, such as masks, foot protections, eye protections, and gloves. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Crime Scene Safety It is recommended that personnel always wear double-gloved latex gloves and possibly chemical resistant clothing, Tyvek-type shoe covers, a particle mask/respirator, goggles, or face shields when potentially infectious material is present. Gloves should be changed often. Personnel should maintain a red biohazard plastic bag
  • 75. for the disposal of contaminated gloves, clothing, masks, pencils, wrapping paper, and so on. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Crime Scene Safety When processing and collecting evidence at a crime scene, personnel should be alert to sharp objects, knives, hypodermic syringes, razor blades, and similar items. Eating, drinking, smoking, eating, and chewing gum are prohibited at the immediate crime scene. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Crime Scene Safety Updates of current Crime Scene Safety regulations and education should be made annually by a designated Crime Scene Safety Coordinator. Health inspections should also be part of the job requirements for the use of certain safety equipment utilized at the crime scenes. © 2013 by Pearson Higher Education, Inc
  • 76. Upper Saddle River, New Jersey 07458 • All Rights Reserved Search and Seizure Protocols The removal of any evidence from a person or from the scene of a crime must be done in conformity with Fourth Amendment privileges: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizure, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Search and Seizure Protocols The United States Supreme Court has determined that search and seizure without a court-approved warrant is justified in four cases: 1) The existence of emergency circumstances 2) The need to prevent the immediate loss or destruction of evidence 3) A search of a person and property within the immediate control of the person provided it is made incident to a lawful arrest
  • 77. 4) A search made by consent of the parties involved © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Search and Seizure Landmark Cases In the case of Mincey v. Arizona, the Court dealt with the legality of a four-day search at a homicide scene and determined that the evidence was illegally seized because a warrant was never issued and the circumstances of the case did not justify a warrantless search. In Michigan v. Tyler, fire destroyed a business establishment leased by Loren Tyler and a business partner. The court decided that evidence obtained from the initial search was legally seized, but evidence obtained from searches 4, 7, and 24 days after the incident were illegally seized. PowerPoint PresentationCrime Scene EvidenceCrime Scene EvidencePhysical EvidenceTypes of Physical EvidenceProcedures for CollectionProcedure for CollectionPackagingSlide 9PackagingSlide 11Chain of CustodyObtaining Reference SamplesSubmitting EvidenceCrime Scene SafetySlide 16Crime Scene SafetySlide 18Search and Seizure ProtocolsSlide 20Search and Seizure Landmark Cases Chapter 3: Recording the
  • 78. Crime Scene © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Crime Scene Notes Note-taking begins when the investigator is contacted and requested to report to the crime scene. The crime scene notes should begin with: 1)The identity of the person who contacted the investigator 2) Time of contact and arrival at the crime scene 3) Preliminary case information 4) Personnel present on arrival and those being contacted © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Crime Scene Notes • Notes contain a personnel log, all observations made by the investigator, and the time observations were made.
  • 79. • Notes are taken in a uniform layout, concurrently as the observations are made. • Notes are written in a bound notebook in blue or black ink. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Crime Scene Notes Investigators may choose to record crime scene notes on audio tapes. • This leaves the hands free to process the scene as the notes are taken. • Tape-recorded notes must eventually be transcribed to a written document. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Photography Photographs taken at a crime scene: 1) Show the layout of the crime scene 2) Show the position of collected and uncollected evidence
  • 80. 3) Show the point of view of victims, suspects, and witnesses 4) Show the original condition of items of evidence at the scene © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved PHOTOGRAPHY © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Film Photography • Film consists of a sheet of silver halide grains which “expose” when exposed to light. • Film speed is a measure of the light-gathering capacity of the film. • Special types of film include Polaroid film and Infrared film. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Digital Photography